Lawfully yours: By Retired Justice K Chandru | NEET is a central law; bringing education back to state list will not help abolish it

NEET is a central law; bringing education back to state list will not help abolish it

Tamil Nadu’s repeated attempts to get an exemption from the NEET exam haven’t been successful. Amid reports of exploitation by commercial coaching centres leading to a widening rich vs poor, rural vs urban divide among medical aspirants, more incidents of suicides linked to fear of clearing the entrance exam are a worrying sign. Even though the states spend the most on education, the Centre seems to get to decide on all matters, practically speaking. Just because education is on the concurrent list, can’t a State decide on what is best for its students, in what is called on paper a ‘Union’ of States?

-- Navaneethan R, Mylapore, Chennai

The President of India has rejected Tamil Nadu's NEET exemption Bill. So, Bill is a stillborn baby. Whether the State moves the Supreme Court to challenge the rejection or start the process of law-making all over again, considerable time will be lost in the process.

Even if the subject of ‘education’ is brought back to the State, that may not help. The prescription of NEET for admission is the decision of the Indian Medical Council, which is covered by the central list. Even otherwise, since no other state is opposing NEET, we stand isolated. That is why the state government has started NEET coaching in government schools.

We have to save the quota fixed for government schools under the NEET scheme. That will be the next exercise.

Granting relief to those who come after cut-off date will open a Pandora's box

As per the Tamil Nadu Health Minister, most students of the 2018 batch MBBS had registered for TNMRB using the Provisional Registration Certificate (issued by TNMC) and were allowed to write exams. Many of them cleared and have been called for certificate verification between February 12 and 15 this year. As our internship was over by the end of May 2024, most colleges issued provisional certificates only in the second week of July. Slots were not available for permanent registration until July 15. Moreover, those who applied within the date didn't receive the registration certificate by mail within the stipulated period. The selected candidates' list came, and we were deemed ineligible as we registered after July 15. The minister and the MRB chairman refused to help us. The Madras High Court dismissed the case. I don't understand. Yes, we registered a few days later than the time stipulated, but it was not by choice. We did everything as soon as possible. The delay happened on the administration side. The selected candidates have already joined duty, but we are still awaiting respite. Please advise.

-- Dr D Harish

The High Court has only refused to give the interim stay you sought. The interim orders are granted on three counts: a) prima facie case for you; b) balance of convenience for the grant of interim relief; c) the irreparable injury caused can never be compensated.

You can fight your case. The main case is still there. You can bring up the main case after a counter-affidavit is filed by the government.

Anyone who comes after the cut-off date is a suspect. If allowed at the threshold, it will open a Pandora's box, and the system will collapse. Wait for your main case.