Justice A.K. Rajan committee is neither requisite nor legitimate: Centre
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The Justice A.K. Rajan committee constituted by the Tamil Nadu authorities lately to review the influence of the National Eligibility-cum-Entrance Test (NEET) on medical admissions, is “neither requisite nor valid,” the Centre has instructed the Madras High Court.
Enunciating its stand on a public curiosity litigation petition filed by Bharatiya Janata Party (BJP) State secretary K. Nagarajan in opposition to the structure of the committee, the Centre stated the committee had been constituted in contravention of Supreme Court verdicts.
NEET nod
The response of the Union Health Ministry acknowledged that the Supreme Court had authorized NEET together with its numerous sides. Further, it was launched throughout the nation pursuant to an modification made in 2016 to the Indian Medical Council Act of 1956.
Though the IMC Act was repealed and changed with the National Medical Council Act of 2019, Section 61(2) of the latter had made it clear that the tutorial requirements set beneath the 1956 laws would proceed to be in pressure.
Further, Section 14 of the NMC Act additionally states that admissions in undergraduate in addition to postgraduate medical programs could be made solely by NEET, stated Chandan Kumar, Under Secretary, Union Ministry of Health and Family Welfare.
He went on to state that the Supreme Court had on April 29, 2020, in a case filed by the Christian Medical College, held that NEET was not opposed both to the social rules enshrined within the Constitution or to the social cloth of the nation.
Despite such a categorical discovering by the best court docket of the land, the State authorities couldn’t represent a committee to review whether or not NEET was an equitable mode of collection of candidates eligible to pursue medical and dental programs, the Centre stated.
It was additionally dropped at the discover of the court docket that the phrases of reference of the Justice A.K. Rajan committee learn as if the State authorities had already come to a conclusion that NEET was in opposition to college students from the socially and economically backward lessons.
‘Futile exercise’
“The reference is not only a slight against the status and privilege of the Supreme Court but is also an exercise in futility as the law declared by the Supreme Court is binding on all functionaries by virtue of Article 241 of the Constitution,” the reply affidavit, served upon writ petitioner’s counsel V. Raghavachari, learn.
Though the topic of ‘medical schooling’ was within the concurrent checklist of the Constitution, empowering each the Centre and the States to enact legal guidelines on the topic, the topic on figuring out minimal requirements in establishments of upper schooling was within the Union checklist, the Ministry stated.
Any determination taken by a State authorities beneath Entry 25 of the concurrent checklist could be topic to the Centre’s powers beneath Entry 66 of the Union checklist, it added.
“It is submitted that ‘medical education’ is regulated statutorily under the Central legislation i.e., the National Medical Commission Act of 2019. Accordingly, nothing inconsistent or contrary thereto can stand legally. Therefore, the State government cannot constitute a committee to study impact of NEET on medical admissions,” the Centre’s reply affidavit learn.
It went on to contend that the target of the NMC Act itself was to place in place a system that improves entry to medical schooling at inexpensive prices.
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