SC to decide on exams by State Boards on Monday : NEET
The Supreme Court will on Monday decide the fate of students appearing in medical entrance examinations conducted by J&K and other states, after hearing the Solicitor General of India.
“The issue with regard to those students, who had appeared or who are due to appear in examinations conducted by the States in accordance with their State laws, shall be decided after hearing the learned Solicitor General,” apex court bench headed by Justice Anil R Dave said in its order.
The direction followed after Solicitor General, Ranjit Kumar, requested the bench to adjourn the case till May 9 so that he would inform it about the outcome of a meeting of Central Government with Education Ministers of the state governments scheduled on Saturday.
The bench also comprising Justices Shiv Kirti Singh and AdarshGoyal deferred the hearing of the case till May 9.
The bench, however, made it clear that “no examination shall be permitted to be held for admission to MBBS or BDS by any private college or association or any private/deemed university.”
“Those students who had appeared in NEET Phase-I shall not be permitted to appear in NEET Phase-II but the students who could not appear in NEET-I may appear in NEET-II,” the bench said.
Seeking exemption from NEET, the Jammu and Kashmir government has already invoked Article 370 of the Constitution of India that grants special status to Jammu and Kashmir.
It raised the contention that, “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.”
In its application before the apex court, the state government has stated that by virtue of Articles 370 and 35A of the Constitution of India, 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.
