‘Only JK residents eligible for State colleges’ NEET

The Supreme Court on Thursday observed that if National Entrance and Eligibility Test (NEET) is implemented, only State Subjects of Jammu and Kashmir would be eligible for admission to Medical Colleges in the State, Standing Counsel for J&K in the Apex Court, Sunil Fernandes, told Kashmir POST.

He said a bench headed by Justice Anil R Dave made the observation after senior advocate for MCI – Vikas Singh – pleaded before the court that if NEET is implemented in JK this year, even then only State Subjects, shall be entitled for admissions and not students from outside the state.

“A state wise merit list will be prepared and every state shall admit/conduct counseling as per their own state list.”

“The Hon’ble bench also observed the same during the course of arguments and seemed to accept the submissions made on this issue by GopalSubramanium, senior advocate and former Solicitor General of India appearing for State of JK,” Fernandes said.

A bench headed by Justice Anil R Dave and comprising Justices Shiv Kirti Singh and AdarshGoyal also was hearing an application moved by J&K state, seeking exemption from NEET. The bench is likely to pronounce the order on Friday.

Senior advocate GopalSubramanium, senior advocate K V Vishwanathan along with Advocate General D C Raina, standing counsel for J&K, Sunil Fernandes and Additional Advocate General ArifSkinder Mir appeared for J&K.

Meanwhile, sources told Kashmir POST that Subramanium, while arguing the case invoked Article 370 of the Constitution of India that grants special status to Jammu and Kashmir.

Sources further said he raised the contention that Education before 42nd Amendment was a state subject but by virtue of 42nd amendment it was kept in concurrent list — by virtue of which both center and state could make laws and regulate education in states.

“As far as Jammu and Kashmir is concerned, 42nd amendment was not extended to the state, as such Education still falls under the state list for J&K and the state has exclusive power to regulate education,” Subramanium pleaded.

“This is why NEET cannot be applied to the state of Jammu and Kashmir,” he argued.

While, Subramanian, sources said, raised the contention that NEET will affect reservations in Jammu and Kashmir, the “bench observed that medical seats will be allocated as per prevailing reservation laws of the state.”

The J&K government has invoked state’s special status under Article 370 to seek exemption from National Eligibility and Entrance Test.

In its application before the apex court, the state government has stated that by virtue of Articles 370 and 35A, J&K enjoys special relationship in Union of India unlike any other State.

In its plea, Jammu and Kashmir seeks modification/clarification of the apex court order which has directed for common entrance tests to MBBS, BDS and MD, saying the same shall exclude J&K from its applicability in light of the existing constitutional and legal status enjoyed by the State.

On April 24, the SC issued interim directions for conducting NEET, restoring the operation of notifications dated December 21, 2010 and subsequent allied notifications, issued by Medical Council of India for the conduct of NEET.

“No part of the Constitution of India is applicable to J&K unless it forms a part of the Presidential Order, issued by the President under Article 370,” the state has pleaded in the light of J&K’s special status.

The government has further pleaded that that subsequent to 42nd amendment to Indian constitution, education being a concurrent subject became a joint responsibility between Union and the States.

“It is however submitted that clause 2 of the application order 1954 enumerates amendments made to the Constitution of India that are extended/applied to J&K. Its perusal reveals that 42nd amendment, 1976, which came into force from February 1, 1977 has been specifically not included and therefore section 57 of the 42nd amendment, 1976, which made amendment of the seventh schedule to the constitution of India 1950 is not applicable to the State of J&K,” reads the state’s petition. “Thus, without the applicability of the 42nd amendment to J&K, the seventh schedule to the constitution of J&K remains un-amended and entry 11 to List II (State List) still holds for in so much so that it grants the State. exclusive powers in matters of Education including the right to conduct examinations for admission to under graduate medical courses.”

Meanwhile sources told Kashmir POST that, under NEET regulations, 85 percent seats will be allocated to the local students of a particular state and 15 percent to the central pool from each state, excluding state of Jammu and Kashmir.