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  • 7/28/2019 NEET Complete Verdict






    T.C.(C) NO.98 OF 2012



    UNION OF INDIA AND ORS. ...Respondents

    WITH T.C.(C) NO.99/2012T.C.(C) NO.101/2012T.C.(C) NO.100/2012T.C.(C) NO.102/2012T.C.(C) NO.103/2012W.P.(C) NO.480/2012T.C.(C) NO.104/2012T.C.(C) NO.105/2012W.P.(C) NO.468/2012W.P.(C) NO.467/2012W.P.(C) NO.478/2012T.C.(C) NO.107/2012T.C.(C) NO.108/2012W.P.(C) NO.481/2012W.P.(C) NO.464/2012T.C.(C) NO.110/2012T.C.(C) NOS.132-134/2012T.C.(C) NOS.117-118/2012T.C.(C) NOS.115-116/2012T.C.(C) NOS.125-127/2012T.C.(C) NOS.113-114/2012T.C.(C) NOS.128-130/2012T.C.(C) NOS.121-122/2012

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    T.C.(C) NO.112/2012T.C.(C) NO.131/2012T.C.(C) NOS.123-124/2012T.C.(C) NO.111/2012T.C.(C) NO.120/2012T.C.(C) NO.119/2012T.C.(C) NOS.135-137/2012T.C.(C) NOS.138-139/2012W.P.(C) NO.495/2012W.P.(C) NO.511/2012W.P.(C) NO.512/2012W.P.(C) NO.514/2012W.P.(C) NO.516/2012W.P.(C) NO.519/2012W.P.(C) NO.535/2012T.C.(C) NO.142/2012 @ T.P.(C) NO.364/2012W.P.(C) NO.544/2012W.P.(C) NO.546/2012W.P.(C) NO.547/2012T.C.(C) NO.144/2012 @ T.P.(C) NO.1524/2012 & 1447/2012T.C.(C) NO.145/2012T.C.(C) NO.1/2013 @ T.P.(C) NO.1527/2012T.C.(C) NOS.14-15/2013 @ T.P.(C) NOS.1672-1673/2012

    T.C.(C) NO.76/2013 @ T.P.(C) NO.1702/2012T.C.(C) NO.12-13/2013T.C.(C) NO.4/2013T.C.(C) NO.11/2013T.C.(C) NOS.21-22/2013 @ T.P.(C) NO.1714-1715/2012T.C.(C) NO.5/2013 @ T.P.(C) NO.1718/2012W.P.(C) NO.2/2013W.P.(C) NO.1/2013T.C.(C) NO.60/2013 @ T.P.(C) NO.12/2013W.P.(C) NO.13/2013

    W.P.(C) NO.15/2013W.P.(C) NO.16/2013W.P.(C) NO.20/2013T.C.(C) NO....../2013 @ T.P.(C) NO.31/2013T.C.(C) NO.2/2013 @ T.P.(C) NO.1532/2012T.C.(C) NO.8/2013T.C.(C) NO.3/2013 @ T.P.(C) NO.1533/2012

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    W.P.(C) NO.24/2013T.C.(C) NO.9/2013T.C.(C) NO.17/2013 @ T.P.(C) NO.1588/2012W.P.(C) NO.483/2012W.P.(C) NO.501/2012W.P.(C) NO.502/2012W.P.(C) NO.504/2012W.P.(C) NO.507/2012T.C.(C) NO.10/2013T.C.(C) NO.7/2013 @ T.P.(C) NO.1644/2012T.C.(C) NO.18/2013 @ T.P.(C) NO.1645/2012T.C.(C) NO.75/2013 @ T.P.(C) NO.1647/2012T.C.(C) NO.19/2013 @ T.P.(C) NO.1653/2012T.C.(C) NO.20/2013 @ T.P.(C) NO.1654/2012T.C.(C) NO.59/2013 @ T.P.(C) NO.1656/2012T.C.(C) NO.53/2013 @ T.P.(C) NO.1658/2012T.C.(C) NO.25/2013 @ T.P.(C) NO.1671/2012T.C.(C) NO.23-24/2013 @ T.P.(C) NO.1697-1698/2012T.C.(C) NO.58/2013 @ T.P.(C) NO.1/2013W.P.(C) NO.27/2013T.C.(C) NO.72/2013 @ T.P.(C) NO.58/2013T.C.(C) NO.16/2013T.C.(C) NO.61/2013

    T.C.(C) NO.73/2013 @ T.P.(C) NO.75/2013T.C.(C) NO....../2013 @ T.P.(C) NO.79/2013T.C.(C) NO.62/2013W.P.(C) NO.47/2013T.C.(C) NO.28-29/2013T.C.(C) NO.30/2013T.C.(C) NO.31-32/2013T.C.(C) NO.33-36/2013T.C.(C) NO.37-38/2013T.C.(C) NO.39/2013

    T.C.(C) NO.40/2013T.C.(C) NO.41/2013T.C.(C) NO.42/2013T.C.(C) NO.43/2013T.C.(C) NO.44/2013T.C.(C) NO.45/2013T.C.(C) NO.46/2013

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    T.C.(C) NO.47/2013T.C.(C) NO.48/2013T.C.(C) NO.49/2013W.P.(C) NO.66/2013W.P.(C) NO.76/2013W.P.(C) NO.74/2013T.C.(C) NOS.63-65/2013T.C.(C) NOS.66-69/2013T.C.(C) NOS.70-71/2013W.P.(C) NO.41/2013W.P.(C) NO.228/2013

    J U D G M E N T


    1. Four notifications, two dated 21.12.2010 and the

    other two dated 31.5.2012, issued by the Medical Council

    of India and the Dental Council of India, are the subject

    matter of challenge in all these matters which have been

    heard together by us. Notification No. MCI-31(1)/2010-

    MED/49068 described as "Regulations on Graduate Medical

    Education (Amendment) 2010, (Part II)" has been published

    by the Medical Council of India to amend the "Regulations

    on Graduate Medical Education, 1997". Notification

    No.MCI.18(1)/2010-MED/49070 described as "Post-graduate

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    Medical Education (Amendment) Regulation, 2010 (Part II)"

    has been issued by the said Council to amend the "Post

    Graduate Medical Education Regulations, 2000". Both the

    Regulations came into force simultaneously on their

    publication in the Official Gazette. The third and

    fourth Notifications both bearing No. DE-22-2012 dated

    31.5.2012, relating to admission in the BDS and MDS

    courses published by the Dental Council of India, are

    similar to the notifications published by the MCI.

    2. The four aforesaid Notifications have been

    challenged on several grounds. The major areas of

    challenge to the aforesaid Notifications are:

    (i) The powers of the Medical Council of India and the

    Dental Council of India to regulate the process of

    admissions into medical colleges and institutions

    run by the State Governments, private individuals

    (aided and unaided), educational institutions run by

    religious and linguistic minorities, in the guise of

    laying down minimum standards of medical education,

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    as provided for in Section 19A of the Indian

    Medical Council Act, 1956, and under Entry 66 of

    List I of the Seventh Schedule to the Constitution.

    (ii) Whether the introduction of one National

    Eligibility-cum-Entrance Test (NEET) offends the

    fundamental right guaranteed to any citizen under

    Article 19(1)(g) of the Constitution to practise any

    profession or to carry on any occupation, trade or


    (iii)Whether NEET violates the rights of religious and

    linguistic minorities to establish and administer

    educational institutions of their choice, as

    guaranteed under Article 30 of the Constitution?

    (iv) Whether subordinate legislation, such as the right

    to frame Regulations, flowing from a power given

    under a statute, can have an overriding effect overthe fundamental rights guaranteed under Articles 25,

    26, 29(1) and 30 of the Constitution?

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    (v) Whether the exclusion of Entry 11 from the State

    List and the introduction of Entry 25 in the

    Concurrent List by the Constitution Forty Second

    (Amendment) Act, 1976, makes any difference as far

    as the Regulations framed by the Medical Council of

    India under Section 33 of the 1956 Act and those

    framed by the Dental Council of India under Section

    20 of the Dentists Act, 1948, are concerned, and

    whether such Regulations would have primacy over

    State legislation on the same subject?

    (vi) Whether the aforesaid questions have been adequately

    answered in T.M.A. Pai Foundation Vs. State of

    Karnataka [(2002) 8 SCC 481], and in the subsequent

    decisions in Islamic Academy of Education Vs. State

    of Karnataka [(2003) 6 SCC 697], P.A. Inamdar Vs.

    State of Maharashtra [(2005) 6 SCC 537] and Indian

    Medical Association Vs. Union of India [(2011) 7 SCC

    179]? and

    (vii)Whether the views expressed by the Constitution

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    Bench comprised of Five Judges in Dr. Preeti

    Srivastava Vs. State of M.P. [(1999) 7 SCC 120] have

    any impact on the issues raised in this batch of


    3. In order to appreciate the challenge thrown to the

    four notifications, it is necessary to understand the

    functions and duties of the Medical Council of India

    under the Indian Medical Council Act, 1956, and the

    Dental Council of India constituted under the Dentists

    Act, 1948. The submissions advanced in regard to the

    MBBS and Post-graduate courses will apply to the BDS and

    MDS courses also.

    4. The Indian Medical Council Act, 1933, was replaced

    by the Indian Medical Council Act, 1956, hereinafter

    referred to as "the 1956 Act", inter alia , with the

    following objects in mind :-

    "(a) to give representation tolicentiate members of the medicalprofession, a large number of whom arestill practicing in the country;

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    (b) to provide for the registration ofthe names of citizens of India who haveobtained foreign medicalqualifications which are not at presentrecognized under the existing Act;

    (c) to provide for the temporaryrecognition of medical qualifi-cationsgranted by medical institutions incountries outside India with which noscheme of reciprocity exists in caseswhere the medical practitioners concernedare attached for the time being toany medical institution in India forthe purpose of teaching or research orfor any charitable objects;

    (d) to provide for the formation of aCommittee of Post-graduate MedicalEducation for the purpose of assistingthe Medical Council of India to prescribestandards of post-graduate medicaleducation for the guidance of

    universities and to adviseuniversities in the matter of securinguniform standards for post-graduatemedical education throughout India;

    (e) To provide for the maintenance of anall-India register by the MedicalCouncil of India, which will contain thenames of all the medical practitionerspossessing recognized medical


    5. The Medical Council of India, hereinafter referred

    to as "MCI", has been defined in Section 2(b) of the 1956

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    Act to mean the Medical Council of India constituted

    under the said Act. The Council was constituted under

    Section 3 of the Indian Medical Council Act, 1956.

    Section 6 of the aforesaid Act provides for the