Tamil Nadu moves Supreme Court after President withholds assent to anti-NEET bill

The Tamil Nadu government moved the Supreme Court on Saturday challenging the President of India's decision to withhold assent to the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021.

The Bill, which was unanimously passed by the Legislative Assembly, seeks to exempt the State from providing admission to medical colleges through the National Eligibility cum Entrance Test (NEET).

As per the plea, the communication from the Governor’s Secretariat on March 4 showed that assent to the Bill was withheld mechanically on the aid and advice of the Union government and without assigning any reasons.

According to the petition, the State had furnished detailed replies to every objection raised by the Union government.

The President’s action has created a constitutional impasse, the State submitted.

The plea raises substantial questions relating to federalism, legislative autonomy and the scope of Article 201 and Article 254(2) arise for consideration, it was contended.

According to the suit, there were reports of impersonation, irregularities and paper leaks in earlier years of NEET and a numerical score cannot measure qualitative attributes required in the medical profession. The Bill of 2021 seeks to depart from this system through scientific normalisation of marks.

The suit has sought a declaration that the President’s action in withholding assent to the 2021 Bill is unconstitutional and liable to be set aside.

It has also sought a declaration that the Bill is deemed to have received Presidential assent under Article 254(2), or in the alternative for a direction to place the Bill again before the President for fresh consideration.

The suit was settled by Senior Advocate P Wilson and filed through advocate Misha Rohatgi.