ASSOCIATION OF MANAGEMENTS OF UNAIDED PRIVATE MEDICAL & DENTAL COLLEGE & ANR. NTAL COLLEGE & ANR.  versus UNION OF INDIA & ORS. (INTERLOCUTORY APPLICATION NO. 2) (FOR DIRECTIONS)
[2016] 3 S.C.R. 542, Supreme Court of India, 2016
Outcome: Disposed off
Segment: Ratio
[2016] 3 S.C.R. 542 
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ASSOCIATION OF MANAGEMENTS OF UNAIDED PRIVATE 
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MEDICAL & DENTAL COLLEGE & ANR. 
v. 
UNION OF INDIA & ORS. 
(Interlocutory Application No. 2) 
(For directions) 
Ill 
(Transfer Case (C) No.(s).7 of2013 etc.) 
MAY9, 2016 
[ANIL R. DAVE, SHIVA KIRT! SINGH AND ADARSH 
KUMAR GOEL, JJ]. 
Education/Educational Institutions - Admission for MBBSI 
BDS course - Notification dated 21.12.2010 introducing National 
Eligibility-cum-Entrance Test (NEETJ - For admission to MBBSIBDS 
courses - Notification struck down in Christian Medical College 
case~ However, that order recalled by order dated 11.4.2016 -
Writ.petition No. 26112016 filed seeking direction to conduct NEET 
for the academic session 2016-17 - Assurance by the parties 
concerned that NEET would be conducted for the academic session 
2016-17 giving schedule for the same - Court by order dated 
28.4.2016 directed to hold the NEET as assured - Present 
applications seeking modification of the orders dated 11.4.2016 
and 28.4.2016 - Held: There is no infirmity in NEET regulation on 
the ground that it affects the rights of the States or the private 
institutions as the same provides only for conducting entrance test 
for eligibility for admission - It is further directed that all such 
eligible candidates who could not appear in NEET-I and those who 
had appeared but have apprehension that they had not prepared 
well, be permitted to appear in NEET-Jl, subject to seeking an option 
from
the candidates to give up their candidature for NEET-1 - All 
the applications and writ petitions disposed of. 
Modern Dental College & Ors. v. State of MP. & Ors. 
2016(4) JT 476 - relied on. 
Christian Medical College, Vellore v. Union of India 
H 
2013 (7) SCR 908 = 2014 (2) SCC 305 - referred to. 
542
ASSOCIATION OF MANAGEMENTS OF UNAIDED PRIVATE MEDICAL& 
543 
DENTAL COLLEGE &ANR. v. UNION OF INDIA& ORS. 
Case Law Reference 
2013 (7) SCR 908 
2016(4) JT 476 
referred to 
relied on 
para 4 
para 7 
CIVIL ORIGINAL JURISDICTION : Interlocutory Application 
A 
No. 2 in Transfer Case (C) No. 7 of 2013 
B 
WITH 
Interlocutory Application No. 3 in Transfer Case (C) No(s). 58 of 
2013 
Interlocutory Application Nos.4-6 in Transfer Case (C) No(s). 
132-134of2012 
Interlocutory Application No. I 0 in Transfer Case (C) No(s). 98 
of2012 
Interlocutory Application No. 2 in Transfer Case (C) No(s). 99 of 
2012 
Writ Petition (C) No. 275 of2016 
Interlocutory Application No. I in Transfer Case (C) No(S). 11 of 
2013 
c 
D 
Interlocutory Application Nos. 2 to 30 in Writ petition (C) No(s). 
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26lof2016 
Writ Petition (C) No. 292of2016 & Writ petition (C) No. 293 of 
2016. 
Ranjit Kumar, SG, Ms. Pinky Anand, Tushar Mehta, ASGs, Vikas 
Singh, Soli J. Sorabjee, P.P. Rao, V. Giri, S. Prasad, K.K. Venugopal, K. 
Shashikiran Shetty, Gopal Subramanium, P.H. Parekh, Basava Prabhu 
Patil, Jayant Bhushan, Dr. Rajeev Dhawan, H.P. Raval, A.K. Ganguli, 
Ravindra Srivastava,Ajit Kumar Sinha, S. Ganesh, Dr. K.P. Kylasanatha 
Pillay, Huzefa Ahmadi, J.C. Gupta, Mukul Talwar, Sr. Advs. J. 
Ramachandra Rao, AAG, A. Mariarputham, Madhusudan Naik, A.N.S. 
Nadkarni, Vikramjeet Banerjee, A Gs, Ms. Rekha Pandey, R.K. Rathore, 
M.P. Gupta, R.S. Nagar, Ms. Binu Tamta, S.S. Rawat, R.R. Rajesh, 
Prabal Bagchi,
Akash Jindal, Rishabh Jain, (For D.S. Mahra), Ms. H. 
Wahi, Gaurav Sharma, Ms. Amandeep Kaur, Prateek Bhatia, Dhawal 
Mohan, Ms. Deepeika Kalia, Kapish Seth, Ms. Vara Gaur, Tara Chandra 
Sharma, Ajay Sharma, Rupesh Kumar, Rajeev Sharma, Ms. Neelam 
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SUPREME COURT REPORTS 
[2016] 3 S.C.R. 
Sharma, Ms. Pankhuri Shrivastava, V. Balaji, M.S.M. Asaithambi, Atul 
Sharma, C. Kannan, Ms. Sripradha Krishnan, B. Balaji, G. Pramod 
Kumar, Vijay Kumar Paradeshi, Ms. Fara Fathima, Ramesh Babu M.R., 
E.R. Kumar, Krishna Srinivasan, Ms. Geethi A., Abhinay, Ms. S. Lakshmi 
Iyer, (For Mis. Parekh & Co.), Mahesh Agarwal, Shashank Manish, 
Himanshu Satija, E.C. Agrawala, Prateek Chadha, Ankur Kashyap, 
Raghav Chadha, Zulnoor Ali Ahmad, G. Prabhakar, Ms. Prerna Singh, 
Ms. Liz Mathew, Ms. Krishna Sarma, Avijit Roy, Navnit Kumar, Ms. 
Deepika, (For Mis. Corporate Law: Group), Naveen R. Nath, Ranjit B 
Raut, Ms. Bina Gupta, P.V. Reddy, Prashant Kr. Tyagi, (For Mis. Venkat 
Palwai Law Ass.), Venkitasubramoniam T.R., Prasanth P., C. Kannan, 
Yunus Malik, Ekansh Agarwal, Ms. Rajeeta Raj, Sanjeev Agarwal; V.G. 
Pragasam, S.P. Ramasubramanian, Seshachari, T.V. Lakshmanan, V.S. 
Lakshmi, A. Venayagam Balan, Amol Chitale, G.B. Sathe, K.P. 
Narayanan, K. Mayil Samy, Ananda Selvam, (For P. Somasundaram), 
Ms. Aruna Mathur, Yusuf Khan, Ms. Anuradha Arputham, (For Mis. 
Arputham Aruna & Co.), Ms. Anita Sahani, Purnima Bhat, Ms. Anitha 
Shenoy, Ms. Nishruti Vijay, S. Bhatnagar, Anshumani Srivastava, S.S. 
Rebello,Jai Dehadrai,Amogh Prabhudesai, Edward Belho, Ms. K. Enatoli 
Serna, K.L. Mechael, Amit Kumar Singh, Elix Gangmei, A. Ramesh, 
Syed Ahmad Naqvi, Ms. Shilpi Gupta, Rakesh K. Shanna, Ms. 
Shubharangini Iyengar, Ms.
Sangita Chauhan, Arun Bharadwaj, Jai 
Wadhwa, Ronak Karan Gupta, Sriram, Vishwapal Singh, Srilok Nath 
Rath, Kulbir Singh Malik, J.M. Wadhwa, Dr. Sushil Balwada, R.K. 
Kapoor, Ms. Shweta Kapoor, Ms. Kheyali Sarkar, Ms. Rekha Giri,Anis 
Ahmed Khan, A.P. Mayee, Charudatta Mahindrakar, A. Selvin Raja, 
Rauf Rahim, Raj iv Kr. Jha, P. Das, Amit Kumar, Rekha Bakshi, Avijit 
Mani Tripathi, Shaurya Sahay, Manish, Sunil Fernandes, Ms. Astha 
Sharma, Puneeth K.G., Ms. Mithu Jain, K.K. Trivedi, Rabin Majumdar, 
O.P. Shukla, Abdhesh Chaudhary, Alok Shukla, Ajay Choudhary, Amit 
Sharma, Amit Anand Tiwari, Sandeep R. Limbani, N.K. Mishra, Dr. 
Ajay Kumar, R.K.S. Yadav, Chimony Khaladkar, Ms. Pragya Baghel, 
G.S. Mani, A. Arockiaraj, R. Sathish, D.N. Ray, Lokesh K. Choudhary, 
Ms. Sumita Ray, Mrinal Kanti Manda!, Parijat Sinha, Joydeep Mazumdar, 
Rohit Dutta, Ms. Reshmi Rea Sinha, Ravindra K. Adsure, V.N. 
Raghupathy, Ms. Sushma Suri, Ms. Pragati Neekhra, R. Chandrachud, 
Ms. Vaijayanthi Girish, Ms. Astha Tyagi, Mis. Lawyer's Knit & Co., 
Nimimesh Dubey, N .R. Katneshwarkar, Prashant Bhushan, Sudhanshu 
S. Choudhari, Vikash Singh, Ram Kishor Singh Yadav, Advs for the
ASSOCIATION OF MANAGEMENTS OF UNAIDED PRIVATE MEDICAL& 
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DENTAL COLLEGE &ANR. v. UNION OF INDIA& ORS. 
appearing parties. 
The following Order of the Court was delivered 
ORDER 
1. These applications have been filed by the private medical 
colleges and also by some of the States seeking modification of order 
dated 28th April, 2016 in W.P.(C)No.261 of2016. 
2. The Medical Council oflndia (MCI) and the Dental Council of 
India (DCI) issued notifications dated 21st December, 2010, amending 
the existing statutory regulations to provide for a single National Eligibility-
cum-Entrance Test (NEET) for admission to the MBBS/BDS course. 
3. The said notifications were struck down in Christian Medical 
College, Vellore Vs. Union oflndia, 2014 (2) SCC 305. 
4. The said judgment stands recalled vide order dated 11th April, 
2016 in Review Petition (C) Nos.2159-2268of2013. 
5. On 28th April, 2016, in W.P.(C)No.261/2016 a statement was 
made by the learned counsel for MCI, CBSE and Union oflndia that for 
the academic year 2016-17, NEET would be held. 
6. We have heard the learned counsel for the parties. 
7. In recent Constitution Bench judgment dated 2nd May, 2016, 
in Modern Dental College & Ors. Vs. State of M.P. & Ors. in Civil 
Appeal No.4060 of2009 etc., the stand of the private medical colleges 
(including minorities) that conducting ofentrance test by the State violated 
right of autonomy of the said colleges, has been rejected. The State law 
providing for conducting of
entrance test was upheld, rejecting the 
contention that the State had no legislative competence on the subject. 
At the same time, it was held that the admission involved two aspects. 
First, the adoption of setting up of minimum standards of education and 
coordination of such standards which aspect was covered exclusively 
by Entry 66 of List I. The second aspect is with regard to implementation 
of the said standards which was covered by Entry 25 of List III. On the 
said aspect, the State could also legislate. The two entries overlap to 
some extent and to that extent Entry 66 of List 1 prevailed over the 
subject covered by Entry 25. 
8. Prima facie, we do not find any infinnity in the NEET regulation 
on the ground that it affects the rights of the States or the private 
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SUPREME COURT REPORTS 
[2016] 3 S.C.R. 
institutions. Special provisions for reservation of any category are not 
subject matter of the NEET nor rights of minority are in any manner 
affected by NEET. NEET only provides for conducting entrance test 
for eligibility for admission to the MB BS/BOS course. 
9. We thus, do not find any merit in the applications seeking 
modific:ation of order dated 28th April, 2016. 
I 0. Only other contention relates to perceived hardship to the 
students who have either applied for NEET-1 but could not appear or 
who appeared but could not prepare fully thinking that the preparation 
was to be only for 15% All India seats and there will be fmiheropportunity 
to appear in other examinations. To allay any such apprehension, we 
direct that all such eligible candidates who could not appear in NEET-1 
and those who had appeared but have apprehension that they had not 
prepared well, be permitted to appear in NEET-11, subject to seeking an 
option from the said candidates to give up their candidature for NEET-1. 
It would be open to the respondents to reschedule the date of holding 
NEET-11, if necessary. To this extent the earlier orders stand modified. 
11. We may also add here that to ensure total credibility of the 
examination to be held by the CBSE, the Oversight Committee appointed 
by this Court vi de the aforesaid judgment dated 2nd May, 2016 shal I also 
oversee the NEET-11 examination to be conducted by the
CBSE. 
12. In view of the above, it is also clarified that onlyNEETwould 
enable students to get admission to MBBS or BOS studies. 
13. In view of the above order, all the applications and writ petitions 
seeking modification of order passed on 11th April, 2016, stand disposed 
of. 
W.P.(C)26l/2016 
14. In view of the above order, W.P.(C)No.261/2016 also does 
not survive and that is also disposed of. 
Kalpana K. Tripathy 
Applications nnd Writ Petitions disposed of.