Tamil Nadu govt Committee to study NEET impact a slight against Supreme Court, an exercise in futility: Central govt to Madras High Court

The move by MK Stalin led DMK in Tamil Nadu to constitute a nine-member committee to examine the impact of the National Eligibility-cum-Entrance Test (NEET) for medical admissions on socially deprived students, not only violates Supreme Court judgments but is also an exercise in futility, the Central government has told the Madras High Court (K Nagarajan v. Union of India and ors). .The submission was made in a counter-affidavit filed in response to a public interest litigation (PIL) moved by the State general secretary of the Bharatiya Janata Party (BJP), Karu Nagarajan, challenging the validity of the NEET committee. .Echoing concerns raised by the petitioner, the counter affidavit filed by Chandan Kumar, Undersecretary in the Union Ministry of Health and Family Welfare made the following submissions:The Supreme Court in Christian Medical College Vellore Association v. Union of India and others and connected matters has held that the provisions of a uniform examination of NEET is not opposed to social principles as enshrined in the Constitution and India’s social fabric and that it does not take away rights guaranteed under Article 30 (1) read with Articles 19 (1) (g), 14, 25, 26, 29 (1); In light of the fact that the NEET has been given judicial imprimatur by the Supreme Court and that substantial provisions have been enacted under various central legislations to effectively monitor its implementation, the Committee constituted by the Tamil Nadu government is neither required nor valid. In particular, the Committee constituted by the Tamil Nadu government is in contravention of various judgments of the Supreme Court approving NEET along with its various facets. Legislation framed by the State to govern medical education under Entry 25 of Schedule VII of the Concurrent List in the Constitution is subject to the Central government’s laws under Entry 66 of List I which concerns coordination and determination of minimum standards in institutions for higher education or research and scientific and technical institutions. The executive power of the State, including the power to set up a Commission, is restricted to subjects within its legislative competence. The terms of the Commission set up by the Tamil Nadu government, however, relate to a matter falling under List I of Entry 66, in which matters the Union government has power to legislate. Therefore, the Commission constituted by the Tamil Nadu government is without jurisdiction. The field of medical education is also being statutorily regulated by Central legislation, i.e. the National Medical Commission Act, 2019. The objective of this Act is to provide for a medical education system that improves access to quality and affordable medical education. The National Commission has absolute competency when it comes to establishing a commission to look into questions of affordable medical education. The Commission would enjoy similar autonomy in respect of inquiries affecting socially backward communities. As such, nothing inconsistent to this law can stand legally. Therefore, the State cannot constitute a high-level committee to study the impact of NEET on medical admissions. The Supreme Court has already upheld the validity NEET against the anvil of the equality code in the Constitution. It was held without a pale of doubt that the conduct of NEET is not in contravention to Article 14 nor is it against socio-economic equality. The Committee constituted by Tamil Nadu, however, seeks to question whether NEET is an equitable method of selection. The Committee’s terms of reference also require it to mandatorily go into an issue already settled by the Supreme Court. This reference is not only a slight against the status and privilege of the Supreme Court but also an exercise in futility as the law declared by the Supreme Court is binding on all functionaries in view of Article 141 of the Constitution..The case is slated to be heard next on Tuesday, July 13. .During the last hearing, the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy agreed to hear on merits various parties that have moved impleading petitions in the matter, although they may not be formally impleaded. ."Both of you get boxing gloves:" Madras High Court agrees to hear all seeking to be impleaded in challenge to TN Committee studying NEET impact.Among those seeking to be impleaded in the matter are the Dravida Munnetra Kazhagam (DMK) , the Communist Party of India (CPI), the Marumalarchi Dravida Munnetra Kalagam (MDMK) and an aggrieved student.