T.C. (C) No. 98 of 2012 With T.C.(C) Nos. 99/101/100/102/103/480/104/105/468/467/478/107/108/2012, W.P.(C) Nos. 481/464/2012, T.C.(C) Nos. 110/132-134/117-118/115-116/125-127/113-114/128-130/121-122/112/2012131/2012123-124/111/120/119/135-137/138-139/2012, W.P.(C) Nos. 495/511/512/514/516/519/535/2012, T.C.(C) No. 142/2012 (Arising out of T.P.(.... Case: Christian Medical College Vellore and Ors. Vs Union of India and Ors.. Supreme Court (India)
| Case Number | T.C. (C) No. 98 of 2012 With T.C.(C) Nos. 99/101/100/102/103/480/104/105/468/467/478/107/108/2012, W.P.(C) Nos. 481/464/2012, T.C.(C) Nos. 110/132-134/117-118/115-116/125-127/113-114/128-130/121-122/112/2012131/2012123-124/111/120/119/135-137/138-139/2012, W.P.(C) Nos. 495/511/512/514/516/519/535/2012, T.C.(C) No. 142/2012 (Arising out of T.P.(... |
| Judges | Altamas Kabir, C.J.I., Anil R. Dave and Vikramajit Sen, JJ. |
| Issue | Indian Medical Council Act, 1956 - Section 3 |
| Judgement Date | May 13, 2013 |
| Court | Supreme Court (India) |
Order:
Altamas Kabir, C.J.I.
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In all these 115 matters, which include writ petitions filed in this Court and in different High Courts, which have been transferred to this Court for decision, the subject matter of challenge is a notification published on 27th December, 2010, being No. MCI-81(1)/2010-MED/49070 dated 21st December, 2010, issued by the Medical Council of India, notifying a National Eligibility Entrance Test (NEET) for admission to Post-Graduate Medical Courses conducted in colleges all across the country.
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The challenge to the said notification gave rise to a wide range of submissions involving the competence of the Medical Council of India, constituted Under Section 3 of the Indian Medical Council Act, 1956, to introduce such a test which denudes the different medical colleges across the country from having any control over their entrance examinations and admissions on the basis thereof.
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On 13th December, 2012, when the matters were taken up for consideration, we decided to post the matters for final hearing on 15th, 16th and 17th January, 2013, and allowed the respective entrance examinations, which had already been notified, to be held, while the hearing progressed. Such examinations included the National Eligibility Entrance Test(NEET) for both MBBS and Post-Graduate courses in different disciplines, as also the BDS and MDS examinations. Presuming that the hearing would be completed on the dates indicated, we had directed that the Medical Council of India, the Dental Council of India, as well as the States and Universities and other institutions, would be entitled to conduct their respective examinations for the MBBS, BDS and Post-Graduate courses, but the results of the examinations were not to be declared until further orders of the Court. Consequently, although, the examinations have been held, the results have been withheld and have not been declared, on account of the interim order passed by us.
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The hearing could not be concluded within 17th January, 2013, as we had hoped, on account of the enlargement of the scope of the hearing and the large number of parties who had to be heard in the matter. In fact, the matters were last heard on 30th April, 2013, and it has, therefore, not been possible to pronounce judgment before the Supreme Court closed for the summer...
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