The State of Tamil Nadu has moved the Supreme Court challenging the validity of National Eligibility cum Entrance Test (NEET), the pre-medical entrance for candidates seeking admission to government and private medical colleges in India.
The plea has been filed as an original suit under Article 131 of the Constitution which empowers Supreme Court to hear disputes between Central government and one or more States.
The State has contended that the NEET is violative of federalism since it takes away the power of the States to admit students to government seats in medical colleges.
It has been submitted that that education is a subject that is within the competence of the State to make laws on, and the States have the right to control education for State Universities.
Further, the suit states that NEET exam is violative of right to equality under Article 14 of the Constitution since it has adversely affected the students in Tamil Nadu, particularly those from rural areas and students from Tamil Nadu State Board of Education affiliated school.
NEET furthers the existing inequalities and puts the students from rural backgrounds educated in State Board Schools in a disadvantageous position when compared to students from urban and semi-urban areas with more resources, the plea says.
The suit has specifically challenged Section 14 of the National Medical Commission Act which mandates that there shall be NEET for admission to the undergraduate and postgraduate super-specialty medical education in all medical institutions.
Similar provisions in the National Commission for Indian System of Medicine Act, 2020 and the National Commission of Homeopathy Act, 2020 have also been assailed.
The State has also sought a declaration that the judgment of the Supreme Court in Christian Medical College, Vellore & Ors. v. Union of India is not binding on the Tamil Nadu to the extent it upholds the applicability of NEET for admission to government seats in TN.
The Tamil Nadu government had earlier constituted a nine-member committee to examine the impact of NEET for medical admissions on socially deprived students.
The same had been challenged before the Madras High Court by BJP leader Karu Nagarajan.
The High Court had dismissed that plea on July 13, 2021.
