Madras HC quashes TN order to reserve MBBS, BDS seats for state board students, calls it ‘bad in law’
Chennai The Supreme Court of Madras (HC) has canceled Friday Government Ordinance of Tamil Nadu reserving 85% of medical centers (MBBS) and dental (BDS) in undergraduate medical schools for students of the Board and only 15 % Of the Central Board of Secondary Education (CBSE) students and other boards throughout India.
Admissions are made on the basis of a common access test, national eligibility test and entry (NEET).
The state government had through a notification, canceled the reservations last month. A mention of it was made in the pamphlets issued for admission to various medical graduation courses at state universities.
The Depression of a Request Challenging State Government Notice Presented by a Minor, C Darnish Kumar, a CBSE Student, Justice K Ravichandra Babu ordered medical colleges to examine the petitioner for all available graduation courses In medicine for the academic year 2017-18.
The petitioner contested the notification by saying that only the Medical Council of India (MCI) had the power to regulate admission to medical college in accordance with the provisions of the Indian Medical Council Act.
MCI had stipulated that medical school admissions are based on the grades obtained on the NEET and merit lists prepared on the basis of trademarks and did not distinguish between CBSE students and the state board of administration.
Judge Ravichandra Babu said the disputed issue was bad in law and violated Article 14 of the Constitution (equality before the law). He also ruled out that the reservation was impregnated indirectly with the object and the NEET process and the selection fund commitment.
The judge ordered the authorities to prepare a new list of merits and to carry out counseling for admission accordingly.
The state government was not in NEET favor. It was submitted to the court that two of its bills passed at the State Assembly exempting NEET students were pending with the president for approval.
The Tamil Nadu Advocate General (AG) also told the HC that 88,431 students appeared for NEET, of which only 4,675 were from CBSE. “Since the NEET is the basis of admission to ensure a fair and equitable opportunity for candidates to different councils, it is provided in the seats available in the state quota such reserve,” the GA said.
Judge Reddy refused to accept calls from the state government and canceled the notification providing reservations to Tamil Nadu Board students at the undergraduate medical college….