SC says pre-med test ordinance not proper, but refuses to stay it

NEW DELHI: The Supreme Court on Thursday rejected a plea seeking a stay on the common medical entrance exam ordinance, saying it would just create more chaos, but

NEW DELHI: The Supreme Court on Thursday rejected a plea seeking a stay on the common medical entrance exam ordinance, saying it would just create more chaos, but criticised the government for allowing states to bypass it.

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“What you have done is not in good taste. Prima facie, the ordinance was not proper. This is disturbing,” a bench headed by justice AR Dave told attorney general Mukul Rohatgi. It said it would be reviewing the validity of the ordinance, which “was in doubt”.

The top court had on May 9 ruled that admissions to MBBS and BDS courses at all government and private medical colleges this year would be done through the National Eligibilitycum-Entrance Test (NEET), in the process scrapping the various exams conducted by state governments and private colleges. The NEET was to be held in two phases, with the second test scheduled for July 24.

But on May 24, the government brought in the ordinance exempting states from the ambit of NEET.

“It shouldn’t have been done after the SC verdict. Why did you do this? This is not proper,” said justice Dave.

The attorney general pointed out that some states had held their exams even before the SC order. “We could not have allowed this disparity,” Rohatgi said.

The petitioner, Sankalp Charitable Trust, said the ordinance was in violation of constitutional ethos and should be stayed immediately and not be allowed to become a precedent.

But the court said, “We are not interfering as it will create more chaos. If we pass any order, they (students) will be in a total mess. They are our own children. We are worried about their plight.”

The court had revived NEET by recalling a 2013 order in which it had declared the common entrance test unconstitutional.

“We wanted uniformity in medical examinations. Today, even the upper middle class cannot afford seats in medical colleges,” the bench said.

“A minimum standard in medical education must be maintained. It isn’t only a matter of students, it’s an issue of the larger interests of society.”

The court refused to entertain a second plea by the petitioner for centralised counselling of candidates for various entrance tests.

Another petition moved by Indore-based doctor Anand Rai challenged the NEET ordinance on the grounds that it was “in direct conflict” with the stand taken by the government before the Supreme Court. Rai said it was improper for the Centre to take a U-turn in the case.