The government will seek a clarification from the Supreme Court on whether it was correct in having delivered the judgment to scrap the common entrance test for admission to medical and dental colleges even when the judges did not get time to discuss the verdict among themselves.
In an internal note recommending a review of the split 2:1 majority decision, the law and health ministries have agreed to ask the apex court to consider the crucial aspect of the verdict having been delivered without deliberations between the judges, HT has learnt.
The Supreme Court, on July 18, in a majority verdict by the outgoing Chief Justice of India Altamas Kabir and Justice Vikramjit Sen had scrapped the National Eligibility cum-Entrance Test (NEET) for admission to MBBS, BDS and post-graduate courses in medical and dental colleges.
In a dissenting judgment, Justice AR Dave had upheld the Medical Council of India's decision to conduct this common entrance exam.
"As the learned CJI is to retire within a few days, I have to be quick and therefore, also short. Prior to preparation of our draft judgments we had no discussion on the subject due to paucity of time and therefore I have to express different views," Justice Dave wrote in his judgment.
It is on this point the government will request the top court to reconsider its judgment.
An unhappy government had made clear its intention of exploring all legal and legislative options to reverse verdict. "We will go to any extent to get this common entrance test restored," said an official.
Abide by SC order: Jaya
Chennai: Tamil Nadu chief minister J Jayalalithaa on Monday urged the Centre not to appeal against the verdict quashing the NEET. In a letter to Prime Minister Manmohan Singh, Jayalaithaa said efforts to reintroduce NEET would infringe on the state's rights and admission policies to medical institutions in Tamil Nadu.