NEW DELHI: Contending that the National Eligibility cum Entrance Test (NEET) is violative and arbitrary of federalism, the Tamil Nadu government has moved the Supreme Court, challenging the provisions of laws that prescribe this exam as a condition for medical admission.
The state in the original suit filed under Article 131 of the Constitution has sought for declaring Sections 14 of the National Medical Commission Act, 2019, the National Commission for Indian System of Medicine Act, 2020 and the National Commission of Homeopathy Act, 2020, Regulations 9 and 9A of the Post-Graduate Medical Education Regulations, 2000, Regulations I(2), I(5) and II of the BDS Course Regulations, 2007 as violating Article 14 of the Constitution which deals with the fundamental right to equality.
The state in the suit has argued that the NEET is violative of the “federal structure” as it deprives states of the power to admit students to government seats in medical colleges. In furtherance of the contention that the NEET is “arbitrary,” the TN government says that the test has adversely affected the students of the state and puts students from rural areas at a disadvantage.
“Since the NEET is based on the CBSE syllabus and method of testing, it is indirectly compelling the schools and students in the state of TN to opt for CBSE/ NCERT board which is violative of the federal structure,” the suit argues.
It may be recalled that the Supreme Court upheld the validity of the NEET in the Christian Medical College, Vellore vs Union of India case in 2020. In 2021, the DMK government passed a bill in the Tamil Nadu Assembly exempting government medical colleges from the NEET. However, the bill is still awaiting the president’s assent.