Sunday, May 8, 2016

The NEET order

What the Supreme Court’s ruling on the National Eligibility-cum-Entrance Test means for the various stakeholders.

The Supreme Court recently gave the green signal for the CBSE to hold the National Eligibility-cum-Entrance Test (NEET) for the year 2016-17 in two phases for admission to undergraduate medical and dental courses. The long-awaited decision on NEET has evoked mixed response from students and various stakeholders.
The discussion over single entrance exams has been there for long, and every time it has faced various challenges. Students who have not been exposed to competitive exams (like in Tamil Nadu) and students whose syllabus of class XI and XII is not aligned with the CBSE will surely be at a disadvantage writing the test in the second phase.
The single entrance exams will also deprive States or private colleges of their rights to conduct separate exams and admit students as per their own procedures. There are also regional sentiments at play in opposing the decision of the apex court. But, the issue has to be analysed in a broader perspective and in the interests of the large student fraternity. In the current system, a student has to go through multiple exams. Syllabus differences, date clash, different exam patterns, remote exam centres and so on, make it more burdensome for students. But a single entrance exam system holds the promise of taking away a lot of stress and saving money. Further, it can help in removing the unethical practices of private seat allotments. And, most importantly, it can pave the way for a selection based on merit.
Why, then, is there so much furore against the Supreme Court ruling in favour of a single medical entrance exam? One reason is the timing of the exam. Until a few days ago, medical aspirants were focussing on an exam they thought they were eligible for and had been preparing for based on a pattern. Now, all of a sudden, they have an all-new pattern to contend with. Tamil Nadu students are not familiar with multiple-choice questions; the State has done away with entrance examinations for professional courses. Maharashtra, Andhra Pradesh, Telengana, and Gujarat conduct common entrance examinations based on their own higher secondary syllabus.
There is a marked difference in the difficulty level of questions asked in State common entrance exams and the AIPMT/NEET. Also, the time given for preparation for NEET Phase-II exam may not be sufficient for students, especially for those who had been concentrating only on State CETs.
The intention of moving towards a single entrance exam is welcome, but ideally, NEET should be implemented uniformly across all States, superseding all examinations from 2017, instead of 2016. This way, teachers and students will get sufficient time for preparation. Meanwhile, as the NEET storm takes time to subside, students should aim to give their best for the second phase of the exam.

Tuesday, May 3, 2016

TODAY'S REPORT

New Delhi: In a major development with regard to the National Eligibility Entrance Test(NEET), the Supreme Court on Tuesday asked Medical Council of India (MCI) to respond to state governments' plea to hold separate exams this year.
he MCI has to respond to the plea by Thursday.
The development came as the Supreme Court heard the petitions by some states and private medical colleges seeking permission to continue with separate tests for admissions in the MBBS and BDS courses.
Earlier, on Monday, the apex court had set up three-member panel to oversee functioning of the MCI with regard to the NEET. The panel will be headed by former chief justice of India R M Lodha.
The apex court had also upheld the provisions of a Madhya Pradesh law which enables government to have 50 per cent shares in management seats in private dental colleges.
NEET schedule 
According to the schedule, the All India Pre-Medical Test (AIPMT) scheduled for May 1 was treated as first round of the NEET.
However, those who have not applied for AIPMT will be given opportunity to appear in round two on July 24.
The combined result will be declared on August 17, in order to complete the admission process by September 30 - the deadline set by the apex court in its previous orders.

Sunday, May 1, 2016

NEET PG EXAM DATE

Entrance test to fill PG medical seats in November




Health Ministry considering postponing entrance exams for UG courses — the All India Pre-Medical Test — scheduled for May 1, by two months.

The Health Ministry will hold the National Eligibility-cum-Entrance Test (NEET) for postgraduate medical admissions in November this year.
The Ministry is also considering postponing entrance exams for undergraduate courses — the All India Pre-Medical Test — scheduled for May 1, by two months. The move comes a day after the Supreme Court approved a pan-Indian, common medical entrance exam.
The modalities are being worked out for entrance exams for undergraduate courses.
Reacting to the decision, sources in the Health Department in Tamil Nadu, a State that has opposed NEET, said they would have to approach the court again.
The Supreme Court, on Monday, paved the way for a single medical entrance test for all colleges, including private colleges and deemed universities. The apex court, recalled its 2013 judgment, invalidating NEET and called for a fresh hearing.
Speaking to The Hindu, Dr. Jayashree Mehta, president of the Medical Council of India, said the body had written to the Health Ministry and the Central Board of Secondary Examinations (CBSE) for a smooth transition.
“This is a huge victory for us. With the assistance of the Health Ministry, we will be able to hold the undergraduate examination next month. Since the MCI does not have the authority to conduct these exams, we have written to MHRD, CBSE and the Health Ministry. It is too early for us to commit to dates but surely we can do it if all work together,” she said. The Health Ministry is also considering legal options as exams for all undergraduate courses have to be completed by September 1.
TN dissent
A Tamil Nadu official pointed out that there was no entrance test for students seeking admission to the undergraduate MBBS programme in the State. Students are allotted seats based on their 12th standard marks, and through a computer-generated random number allotment. Additionally the State had obtained a stay when NEET was notified in 2011. With no other changes to the original order, the stay will kick in the moment a decision is made to conduct the test, experts argue.
Educationists also point to the Tamil Nadu Regulation of Admission in Professional Colleges Act, 2006. “How can a notification supersede the Act, which, incidentally says, its provisions will overrule any countermanding laws or notifications?,” a senior educationist asked.
While claiming that no instructions have been received from the Health Ministry, sources said, “If NEET were to be reintroduced and made compulsory, we would have to go to court again.

supreme court order

ITEM NO.301 COURT NO.2 SECTION PIL(W) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (C) No(s).261/2016 SANKALP CHARITABLE TRUST AND ANR. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) Date : 28/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Amit Kumar,Adv. Mr. Avijit Mani Tripathi,Adv. Ms. Rekha Bakshi,Adv. Mr. shaurya Sahay,Adv. For Respondent(s) Ms. Pinky Anand,ASG UOI Mr. Ajay Sharma,Adv. Mr. M.P. Gupta,Adv. Ms. Rekha Pandey,Adv. Mr. R.S. Nagar,Adv. Mr. R.K. Rathore,Adv. For Mr. D.S. Mahra,Adv. CBSE Ms. Pinky Anand,ASG Mr. Tara Chandra Sharma,Adv. Ms. Neelam Sharma,Adv. Mr. Rajeev Sharma,Adv. Mr. Rupesh Kumar,Adv. Mr. Ajay Sharma,Adv. Mr. Prabal Bagchi,Adv. Mr. Vikas Singh,Sr.Adv. Mr. Gaurav Sharma,Adv. Mr. Dhawal Mohan,Adv. Ms. Deepika Kalia,Adv. Mr. Prateek Bhatia,Adv. Ms. Vara Gaur,Adv. Ms. Amandeep Kaur,Adv. Mr. Kapeesh Seth,Adv. 1 UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel. Order reserved. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar 2 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.261 OF 2016 SANKALP CHARITABLE TRUST AND ANR. ... PETITIONER(S) VS. UNION OF INDIA AND ORS. ... RESPONDENT(S) O R D E R The following prayer has been made in this petition : “a) Issue a Writ of Mandamus or any other writ, order or direciton in the nature of Mandamus directing the Respondents to conduct the National Eligibility cum Entrance Test (NEET) for admission to MBBS Course throughout the country for academic session 2016-17; (b) Issue or pass any writ, direction or order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.” When the matter was heard on 27th April, 2016, the following order was passed by this Court : “Taken on board. The learned counsel for the petitioner has assured this Court that he will remove the office objections by tomorrow. At his request, Respondent No.4 is deleted from the array of parties. All the three respondents are represented by their respective counsel and they have assured this Court that they are ready and willing to hold NEET examination for 3 admission to MBBS and BDS courses for the academic year 2016-17. As the counsel representing CBSE would like to take necessary instructions, hearing is adjourned for tomorrow. Proposed schedule of the examination to be held, shall be submitted in the Court tomorrow. The learned counsel shall also see that a responsible officer of the CBSE, who can take on the spot decision, remains present in the Court. List the matter tomorrow, i.e., 28th April, 2016 at 12.00 p.m.” The matter has been thereafter heard today. It has been submitted by the learned counsel appearing for all the respondents that it is proposed to hold the examination in pursuance of Notifications dated 21st December, 2010 issued by the Medical Council of India and the Dental Council of India ('DCI' for short). As per the said Notifications, a common entrance test, i.e., National Eligibility cum Entrance Test (NEET) shall be held. It was further submitted, interalia, as follows : “1. AIPMT 2016 to be held on 1st May, 2016 shall be phase I of NEET. 2. Phase II of NEET for the left out candidates shall be held on 24th July, 2016 by inviting applications with fee. 3. Combined result of both the Tests shall be declared on 17th August, 2016. 4. CBSE will provide All India Rank. Admitting Authorities will invite applications for Counselling and merit list shall be drawn based on All India Rank. 5. All associated with conduct of Exam including Central Govt., State Govt., institutions, Police etc. will extend all necessary support to CBSE and permit security 4 measures like use of electronic and communication devices Jammers etc. for timely and fair conduct of the NEET. 6. Any difficulty with regard to implementation of orders of this Court the stake holders may approach this Hon'ble Court.” The learned counsel have also given the details with regard to the time when the result would be declared and counselling would take place. In view of the submissions made on behalf of the respondents, we record that NEET shall be held as stated by the respondents. We further clarify that notwithstanding any order passed by any Court earlier with regard to not holding NEET, this order shall operate. Therefore, no further order is required to be passed at this stage. It may be mentioned here that some learned counsel representing those who are not parties to this petition have made submissions that in view of the judgment passed in Christian Medical College, Vellore & Ors. Vs. Union of India & Ors., reported in (2014) 2 SCC 305, it would not be proper to hold NEET and this order should not affect pending matters. We do not agree with the first submission for the reason that the said judgment has already been recalled on 11th April, 2016 and therefore, the Notifications dated 21st December, 2010 are in operation as on today. 5 It may however be clarified that by this order hearing of the petitions which are pending before this Court will not be affected. The petition be now listed in due course. ............J. [ANIL R. DAVE] .................J. [SHIVA KIRTI SINGH] .................J. [ADARSH KUMAR GOEL] New Delhi; 28th April, 2016. 6 ITEM NO.301 (By notice) COURT NO.2 SECTION PIL(W) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (C) No(s).261/2016 SANKALP CHARITABLE TRUST AND ANR. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) Date : 28/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Amit Kumar,Adv. Mr. Avijit Mani Tripathi,Adv. Ms. Rekha Bakshi,Adv. Mr. shaurya Sahay,Adv. For Respondent(s) Ms. Pinky Anand,ASG UOI Mr. Ajay Sharma,Adv. Mr. M.P. Gupta,Adv. Ms. Rekha Pandey,Adv. Mr. R.S. Nagar,Adv. Mr. R.K. Rathore,Adv. For Mr. D.S. Mahra,Adv. CBSE Ms. Pinky Anand,ASG Mr. Tara Chandra Sharma,Adv. Ms. Neelam Sharma,Adv. Mr. Rajeev Sharma,Adv. Mr. Rupesh Kumar,Adv. Mr. Ajay Sharma,Adv. Mr. Prabal Bagchi,Adv. Mr. Vikas Singh,Sr.Adv. Mr. Gaurav Sharma,Adv. Mr. Dhawal Mohan,Adv. Ms. Deepika Kalia,Adv. Mr. Prateek Bhatia,Adv. Ms. Vara Gaur,Adv. Ms. Amandeep Kaur,Adv. Mr. Kapeesh Seth,Adv. 7 UPON hearing the counsel the Court made the following O R D E R Schedule given by the leaned Additional Solicitor General appearing on behalf of the CBSE is taken on record. Certain directions have been passed in view of the reportable order and the petition be listed in due course. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed reportable order is placed on the file) *Schedule afore-mentioned is attached with R/P. 8

Saturday, April 30, 2016

NEWS HIGHLIGHT

All you need to know about the National Eligibility-cum-Entrance Test

As NEET comes into effect, the validity of other exams — conducted by the State or a private medical college — has come under question.

The Supreme Court on Thursday gave the green signal for the CBSE to hold National Eligibility Entrance Test (NEET) 2016-17 in two phases and approved the Medical Council of India's schedule for the common entrance exams for undergraduate medical and dental courses starting on May 1.
A Bench of Justices Anil R. Dave, S.K. Singh and A.K. Goel revived NEET across all States despite strong protests from several States like Tamil Nadu, Karnataka and Uttar Pradesh, among other States that it was too late.
What’s the uproar over NEET?
Several points of contention have been raised — the important ones being its viability and the impact on students from different educational backgrounds.
When the exam was first introduced in 2012, several States, including Andhra Pradesh, Karnataka, Kerala and Tamil Nadu, opposed it. These State governments believed that it infringed upon their right to keep education a State subject.
Following the objection, the Supreme Court, in a 2013 judgment, held that NEET would deprive State-run universities and medical colleges of their right to admit students as per their own procedures and declared the test unconstitutional.
Many private colleges in Tamil Nadu and Andhra Pradesh had filed petitions in various High Courts, seeking exemption from using the exam as one of the criteria for admissions.
A common exam sounds like a good idea, so why oppose something that standardises the procedure?
Students in Tamil Nadu who seek admission to MBBS course are admitted on the basis of their 12th standard final examination marks. A similar criterion is followed in Kerala as well. These States believe that there’s a huge difference, in terms of content, in the State and Central Board’s syllabus.
Last month, Tamil Nadu Chief Minister Jayalalithaa wrote to Prime Minister Narendra Modi, urging him to direct the Ministry of Health and Family Welfare to withdraw the review petitionfiled in the Supreme Court.
The Chief Minister said the NEET “would adversely affect the interests of students in the State, in particular those from weaker sections and from rural areas and as it infringes upon the State’s right to determine the admission policies to medical educational institutions.”

Who’s in favour of the new structure?
The MCI is of the opinion that the NEET would avoid multiple entrance tests and minimise corruption and irregularities in admissions to medical courses.
The IMA has welcomed the apex court’s decision, saying it will help safeguard the sanctity of the medical profession.
The MCI wants it, some States don’t. What is the latest on the issue? What is the way forward?
The apex court has said its 2013 judgment — that made NEET invalid — requires re-consideration but has remained non-committal on the specifics. It said: “We do not propose to state reasons in detail at this stage so it may not prejudicially affect the hearing”

Following the order, the Health Ministry has said that it will hold NEET for PG medical course admission this November. Reports suggest that the Ministry is also considering postponing entrance exams for undergraduate courses, scheduled for May 1, by two months.
How have the States responded to the recent order? And how many private colleges will be affected by the ruling?
Maharashtra: The State has requested the Indian Medical Council not to conduct the admissions to medical and dental courses through NEET and instead continue with MH-CET this year. Medical Education Minister Vinod Tawde said: “Since the NEET is based on CBSE syllabus, the government will have to upgrade its HSC syllabus and then Maharashtra can join the NEET from 2017.”
Tamil Nadu: The government is expected to move court again, opposing the recent order. Nearly 80 private colleges conduct their own medical entrance exams for admissions.