நீட் தேர்வு 2 கோடி சீர்மரபினருக்கும்-சமூகநீதிக்கும் எதிரானது! - சீர்மரபினர் நலச்சங்கம் கடிதம்!
From
De-notified Tribes Welfare Association ,
Pasumponnagar, Kinnimangalam,
Thirumangalam Tk,
Madurai Dt. –625514.
To
Hon’ble Justice AK Rajan, Rtrd
Chairman, Committee to assess impact of NEET,
O/o Director of Medical Education, Govt of Tamilnadu,
Kilpauk, Chennai.
Sub: Request to recommend to abolish all the entrance examination including NEET in Tamilnadu -reg.
We wish to submit that our association is working for the most neglected 2 crore people of 68 Denotified Tribes in Tamilnadu. The entrance examination for admission in various courses in general and NEET in particular has deprived our communities’ opportunities to avail higher education and systematically excluded, eliminated and alienated from the mainstream. The NEET exam being conducted for NTA, of DGHS of Government of India is not only arbitrary, discriminatory and dysfunctional to provide affordable medical education and health facilities in the country inter alia for the reasons mentioned in the succeeding paras.
I. Brief Background NEET for Medical admission
Originally the subject of Education as per entry 11 of List II of 7th Schedule of Constitution of India, was exclusively in the domain of the State Government and as per entry 66 the coordination and determination of standards for higher education was with Central Government. Accordingly as per the said entry 66, he Medical Council of India Act 1956 "MCI Act" was enacted for recognition and standardization of Medical education in India. Through 42nd Constitutional Amendment Act, the entry 11 of List II has been shifted to List III as entry 25 w.e.f. 3.1.1977. U/s 33 of the MCI Act powers has been given to MCI for issuing regulations. Accordingly, for UG Medical courses regulation 1997 and PG Medical Course regulation 2000 was promulgated. The apex court in 1984 Pradeep Jain case suggested All India Examination for filling All India quota seats and further clarified in 1985 in Dinesh Kumar case that the State government can reject to follow the All India Examination for admission of other seats. In the said regulation 1997 the NEET was introduced in the year 2010. When these notifications were challenged before Supreme Court in Christian Medical College ... vs. Union of India and Ors and the apex court on 18 July, 2013 quashed NEET as illegal. Subsequently on a review petition by MCI, on 11.4.2016, the apex court recalled its order dated 18.7.2013.
Thereafter, the central government brought ordinance on 24.5.2016 adding section 10D in the MCI Act 1956 and making the amendment Act on 4.8.2016 whereby the NEET was given statutory backing and the Apex Court finally upheld the section 10D of MCI Act 1956 vide its order 29 April 2020. In the meantime, the Central Government had repealed the MCI Act 1956 and dissolved MCI and has enacted National Medical Commission Act 2019 w.e.f. 8.8.2019 and in Section 14 the NEET has been incorporated. The NMC has taken over all the functions of MCI.
As far as Tamilnadu is concerned, Govt of TN has enacted TN Professional Education Institution Act 2016 under entry 25 of List III, making it compulsory to admit student only based on the marks of qualifying examination and not on entrance examination.
II. The Grounds/justification not following NEET:-
1. As Tamilnadu Act 2006 has been enacted under entry 25 of List III, the MCI Act a statute enacted under entry 66 of List I cannot obliterate the state Act. In the case of MCI Vs State of Karnataka 1998 6 SCC 131, the apex court has ruled that the MCI Act is only as per entry 66 of List I. Further, the State Act has received the assent of the President of India and the TN Act has been upheld by the Madras High Court, hence TN Act 2006 holds water till date.
2. Assuming that entry 25 of List III is subject to entry 66 of List I, then also, the then MCI Act now NMC Act can only lay down standards and cannot take away the essential attributes of the subject education. If Centre desires to override the state Act then, the centre ought to have enacted a law under entry 25 of List III. It is not the case here; hence TN Act 2006 remains intact.
3. The NEET laid down u/s 14 of NMC Act 2019 is against the prime object of the said Act i.e. to provide affordable medical education because it is open secret that only wealthy people can afford costly coaching to qualify and get medical admission through NEET and it is certain that dreams of poor students are aborted at conception.
4. The NEET also against other Objects of NMC Act 2019 viz. to provide equitable health facilities and to encourage community health perspective because there is no accessibility to rural students to get the level of coaching to compete with their urban counterparts. Many marginal communities such DNT/NT shall remain excluded from the medical education and access to modern medical counselling in their communities.
5. Though NEET is governed under entry 66 of List I, as it is directly affects states power to administer their education institutions, the NEET is against the spirit of federal structure of the Constitution of India.
6. Making NEET is compulsory shall deprive the state to discharge its duty to uplift weaker section as mandated u/a 46 of the Constitution of India because there will none with NEET qualification to avail medical education.
7. The Apex Court in Pradeep Jain case conceived the All India Exam only for all India quota seats and not for the seats of state governments.
8. The Apex Court in Dr. Dinesh Kumar case held that State can refuse to participate in the All India examination.
9. The Constitution Bench of Supreme Court in Christian Medical colleges has considered the vires of section 10D of MCI Act only in respect of article 19-1.g, 25,26, 29 and 30 whereas the section 14 of NMC Act 2019 direct hits article 14 and 21 of the Constitution of India because by any stretch of imagination it cannot be said NEET provides equal opportunity to all students in general and those students who have studied under state board syllabus. The right to life under article 21 includes to have right of a student life, no student can be burdened with double preparation of State Board to clear qualifying examination and CBSE to clear NEET. This issue has not been examined by the Apex Court while upholding NEET.
10. The NEET will not come under the category of reasonable restriction because it discriminates between state board with central board, rural students with urban students and rich vs. poor students and there is manifold discrimination under the compulsory NEET, therefore NEET is ultra virus of article 14 and 21 of the Constitution of India.
11. NEET marks cannot be held to be merit as held by Hon’ble Justice V Krishna Iyer in Jagadish Sharan & Ors Vs UoI & Ors (1980) 2 SCC 768 because to be a doctor one needs to have empathy and attitude to serve the needy.
12. The NEET impairs students learning ability due to heavy workload, pressure, stress and strain of the students at the tender age.
13. To ensure quality doctors there is a standard exit exam for all graduates and therefore entry exam is uncalled for and unwarranted.
14. A careful reading of the NEET results for last few years shall prima facia and ex facia shall proof that NEET has denied fair opportunity to poor and rural students.
15. The NEET was introduced only to reduce the maladministration of medical admission whereas there are plethora's of other mechanism to streamline and purify the administration of medical colleges but not at the cost of under privileged communities.
16. Admission will not ensure quality training rather it is design and importation of quality training that will ensure quality doctors and facilities.
17. The courts have turned blind eye to their own triple test viz. 1) fair; 22) transparent; iii) no exploitative whereas NEET may be transparent but certainly fails in other two tests because treating unequal as equal can not be fair and instead of exploitation by colleges, now it is being done by coaching institutes, therefore NEET is ultra vires. 18. The NEET is a colourable legislation and it deprives states power to govern education as per their law.
19. The Scheme of NEET does not fit into the frame of NMC Act 2019 and it is manifestly unreasonable as it deprives affordable opportunities to socially educationally backward students in general and marginalised Denotified Tribes and Nomadic Tribes in the country.
20. As per section 19 of MCI Act any regulation can be brought in only after considering the views of the states which is mandatory and hence the NEET has been brought in patent violation of mandatory statutory provision.
21. There is no rational link between the object and restriction because maladministration in private colleges can be eradicated by prescribing minimum cut off marks in the qualifying examination instead of costly discriminatory NEET.
22. Even assuming that NEET is reasonable restriction, then also it is disproportionate because there are various alternatives which is more fair and effective to correct maladministration in the private colleges.
23. As NEET deprives the state Board students fair chance to compete with others, he deleterious effect on their lives are profound and irreparable and leading to large scale suicide and withdrawal of brilliant students from mainstream society and resultant deviant behaviours having various social and economic ramification to the family and society at large.
Therefore, constitutionally, legally, morally, socially, ethically etc. NEET is fraud on society and it needs to be abolished immediately.
III. Prayer
Therefore in view of clear legal and factual position stated supra that the Government of Tamilnadu should immediately pass a special law making admission to higher education only based on marks obtained in the qualifying exams and get the assent of President of India in the light of mandates under article 38 and 46 of the Constitution of India.
With regards and early action please.
Yours Sincerely,
Denotified Tribes Welfare Association, Tamilnadu
23.6.2021.
