The real impact of NEET, which has been unconstitutionally pushed down the throat of medical education, is that it is arbitrary, anti-poor, anti-minority, anti-federal and anti-constitution.
- According to the Constitution of India, only the States have the power to incorporate (establish) and to regulate (control) the Universities. The Central Government cannot start a University or regulate any University.
- Prescribing the method for Admission of Students into affiliated colleges or institutions fall within the sphere of regulation of a University. Every University Act contains provisions relating to the requirements, like qualifications for admission to a particular degree or course, method of examination and all other related matters.
- Tamil Nadu Dr. M.G.R. Medical University Act:
In Tamil Nadu, Dr. M.G.R. Medical University has been established exclusively to regulate the Medical education in Tamil Nadu.
Thus, the Tamil Nadu Dr. M.G.R. Medical University Act regulates or prescribes the method of admission to medical colleges and institutions within the State of Tamil Nadu. This has been done exercising the legislative powers conferred by the Constitution of India on the State of Tamil Nadu.
- The University of Madras Act similarly fixes the qualification for admission of students to under graduate and post graduate studies. Thus, admission to a University is a matter that is regulated or controlled by the respective University’s Act. The power to regulate such matters is vested in the respective States by the Constitution of India.
- State Governments can regulate Admissions to University courses. It is crystal clear that the power to create and/or regulate a university is vested in the States. Since the Central Government has no power to regulate the Universities, it cannot pass any law prescribing the method for admission of students to any course in any of the affiliated colleges of any university. That is the Scheme of the Constitution of India.
- The Tamil Nadu Legislature passed an Act in 2007 abolishing the Common Entrance Test for admitting students to the professional courses, and this Act has obtained the assent of the President of India. This is a law and it is being followed ever since 2007 in the State of Tamil Nadu and it cannot be modified by the Central government by amending the Medical Council of India (MCI) Act.
Events and Dates pertaining to the NEET Imbroglio
Now, let us briefly visit the important events and dates pertaining to the NEET imbroglio that has been created. (For complete details, please study the references provided at the end of this document.) According to learned and distinguished legal professionals of repute, the cardinal principle of jurisprudence has been violated.
- 2007: The Tamil Nadu Act has abolished all kinds of Entrance Examinations for admission to Medical, Engineering, MBA, and other professional courses.
- April 11, 2010: Notification on NEET issued by the Medical Council of India.
- July 18, 2013: The Tamil Nadu Act (in # 1 above) was held a valid law by a three judges Bench of the Supreme Court, per majority (2-1) — Chief Justice Altamas Kabir and Justice Vikramjit Sen being of the majority, with Justice Anil Dave dissenting. Important Note:This judgment was based on the precedence of judgements of a 11- Judge Bench in 2002 and a 7- Judge Bench in 2005.
- April 11, 2016: The judgement above (dated July 18, 2013) was “RECALLED” by a bench of 5 judges headed by Justice Anil Dave who authored the dissenting judgment in 2013. Several prominent lawyers argued that there was no basis for reviewing the July 18, 2013 judgement at all, in the first place. Moreover, how can a Court review and recall a decision rendered by it, without giving all reasons for allowing the review petition, particularly without even affording an opportunity to all the parties to the judgement — especially when the validity or enforceability of the very same Notification was the issue?
The distinguished Senior Advocate on the Supreme Court Mr. Rajeev Dhavan writes: “How on earth can a decision be set aside without a complete hearing? But Justice Dave was adamant and the other judges agreed! If the legislature or executive had done what the Justice Dave presided 5-judge bench had done, it would have been stayed and struck down. Had any High Court behaved in this way, the Supreme Court would have struck down that High Court decision like a ton of bricks.”
- April 27, 2016 : P I L filed by Sankalp Charitable Trust for a ‘writ of mandamus’ came for hearing before a 3- Judge Bench of the Supreme Court, presided by Judge Anil Dave — the same judge who gave the dissenting judgment in 2013 and presided over the April 11, 2016 judgement! The PIL was admitted in spite of the fact that no fundamental right of Sankalp Charitable Trust was really infringed. As per the Constitution, only when any fundamental right of a person is violated can the Supreme Court of India be approached under Article 32 of the Constitution. In truth, Sankalp Charitable Trust is not a party at all to this concerned issue!
- April 28, 2016: Writ of Mandamus was issued the very next day and NEET became compulsory.
- May 24, 2016: MCI Amendment Ordinance issued. S.10D and S. clause (mb) was added; Exemption — Granted for ONE YEAR [2016 – 2017]
- Aug. 5, 2016: The above Ordinance became Act. Exemption for only 2016 – 2017
- According to legal experts, the MCI is known for its corrupt ways which continue until this day and it has a history of manipulating things in the past several years.
The Health Care in Tamil Nadu will plunge into crisis
While NEET infringes on the linguistic federalism of India, and as such is detrimental to the rights of various States, especially the non-Hindi States (for the reasons stated later), it is particularly devastating to Tamil Nadu which is in the forefront of health care system, especially to the rural population. In addition, Tamil Nadu provides medical education to all segments of the students in a more equitable manner taking into account the special social needs, compared to any other State in India. NEET will negate all these outstanding past achievements.
Tamil Nadu has mobilized health personnel across various socio-economic classes to operate the vast network of primary health centers (PHCs), community health centers (CHCs) and district health centers (DHCs).
Tamil Nadu has also built an innovative incentive structure to retain doctors in the rural health system. One crucial result of this is the diverse social composition of medical officers willing to work in primary health care centers (PHCs) in villages. These PHCs are well-equipped and function far better compared to other States.
Another important incentive is the “in-service” quota for doctors who complete a minimum of two years of service in the PHCs or district hospitals. The State has a 50% in-service quota for post-graduate programs in all medical colleges run by the government, including super-specialty courses.
Tamil Nadu has an innovative reservation system to help the disadvantaged students in the society to become medical doctors.
NEET will help only the city dwellers and wealthy people to get medical education. These future medical doctors will never go to the rural areas, nor will they serve the poor people. NEET will be a bonanza for the coaching institutions which charge sky high fees and reap Himalayan profits.
Students from other States will have an open field in exploiting Tamil Nadu by employing the facilities of Tamil Nadu Government which has worked very hard for so many years and spent enormous amount of resources on medical education of its students and medical help to the poor, rural communities. If NEET is not stopped in its track once and for all, the students of Tamil Nadu will end up being the sore losers — for all future generations to come !
Devastating Impact by NEET and CBSE
NEET is based on a syllabus that is different from the syllabus used by the Tamil Nadu State Board. The students who study in the Tamil Nadu Government-run schools and those who study in Tamil medium are at a severe disadvantage when it comes to medical education. The students in Tamil Nadu will be indirectly forced to study in CBSE schools. The Tamil students studying in CBSE schools will be forced to learn Hindi, study about Jhansi Rani, Guptas and such others. They will not learn Tamil language or study Thirukkural and Silappathikaaram, nor will they learn about Cheran Senguttuvan, Karikaal Cholan or Pandian Nedunchezhian. This is a sure prescription for eventually losing our cherished Tamil language and Tamil culture. The future of Tamil race itself will become a question mark.
Not only Tamil but other non-Hindi languages also are in the same dangerous situation. It is high time that others also wake up.
NEET Infringes on the Federalism of India
The mighty 11-judge bench of the Supreme Court of India, in its great judgment in the year 2002, drawing on the spirit of India’s multi-linguistic, multicultural and multi-religious genius, said the following: “The one billion population of India consists of six main ethnic groups and fifty-two major tribes; six major religions and 6,400 castes and sub-castes; eighteen major languages and 1,600 minor languages and dialects. The essence of secularism in India can best be depicted if a relief map of India is made in mosaic, where the aforesaid one billion people are the small pieces of marble that go into the making of a map. Each person, whatever his/her language, caste, religion has his/her individual identity, which has to be preserved, so that when pieced together it goes to form a depiction with the different geographical features of India (to) produce the beautiful map of India… The variations of the colours as well as different shades of the same colour in a map are the result of these small pieces of different shades and colours of marble, but even when one small piece of marble is removed, the whole map of India would be scarred, and the beauty would be lost.”
NEET goes to the very heart of linguistic federalism. The NEET decision augurs utter disaster not only for Tamil Nadu but also for the entire country. It has far-reaching adverse consequences in both the short run and long run. “The unity in diversity” will become a mockery and hence, the unity of India itself will be at stake.
The Responsibility of the Government of Tamil Nadu and MPs
The Bill that has been passed unanimously by the Tamil Nadu Assembly in January of this year is languishing at the Union Government in New Delhi without any action being taken on it. It is unconscionable why the Members of Parliament (both the House of the People and the Chamber of the States) from Tamil Nadu and Puducherry are keeping a studious silence instead of discharging their bounden duty and responsibility to the people who elected them in the first place. On behalf of all the Tamil people, we urge all the Members of Parliament from Tamil Nadu and Puducherry as well as the Government of Tamil Nadu in the strongest possible terms to act forthwith and all of them jointly force the Government of India to send, without any further delay, the Tamil Nadu Assembly Bill to the President of India for his assent so that it becomes a law.
- NEET – Unfair, Unjust, Arbitrary and Unconstitutional bySenior Advocate of the Supreme Court Rajeev Dhavan
2. NEET – Medical Council of India cannot Regulate Admissions byJustice Dr. A K Rajan
3. NEET – Union Government cannot Regulate Admissions in Universities by Justice Dr. A K Rajan
Dr. V.G. Dev
President, World Thamil Organization, Inc.