Lok Sabha Question No. 291 (STARRED), answered on 2020-03-13
Subject: NEET for Admission to Medical Colleges
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Kaushalendra Kumar

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA STARRED QUESTION NO. 291 TO BE ANSWERED ON THE 13 TH MARCH , 2020 NEET FOR ADMISSION T O MEDICAL COLLEGES

## *291. SHRI KAUSHALENDRA KUMAR:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a) whether the Government is aware of the observations of Madras High Co with regard to the National Eligibility - cum - Entrance Test (NEET);
- (b) if so, the details of the observation s of the Hon'ble High Court in the matter; and
- (c) the action being taken by the Government in this regard?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE (DR. HARSH VARDHAN)

- (a) to (c ):A statement is laid on the Table of the House

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 291 FOR 13 TH MARCH, 2020

(a)  to  (c)  Section  10D  of  the  Indian  Medical  Council  Act,  1956  prescr conducting of a uniform entrance examination namely National Eligibility Entrance Test (NEET) to all medical educational institutions at undergraduat and  post - graduate  level.    The  provisions  of  the  Indian  Medical  Council  A 1956  for  conducting  NEET  shall  apply  across  the  country  without  an exemption.

Madras High Court, in its orders passed in W.A No. 2931 of 2019 on 4.11.2019 made observations with regard to National Eligibility cum Entra Test  (NEET)  that  number  of  candidates  who  appeared  multiple  times  go admission more than who appeared first time and also noted that only negli candidat es have got admission without undergoing coaching.

However,  the  Hon'ble  Supreme  Court  vide  order  dated  11.04.2016  in R.P.  2159 - 2268  of  2013  in  T.C.  (c)  98  of  2013  had  allowed  conducting  o NEET. Further, the apex court vide order dated 09.05.2016 also ruled that only NEET  would  enable  students  to  get  admission  to  MBBS  or  BDS  studies. Accordingly, Section 10D was inserted in the IMC Act 1956.

Ministry of Home Affairs forwarded, for comments of this Ministry, t Tamil Nadu Admission to MBBS and BDS Cour ses Bill, 2017 and the Tamil Nadu  Admission  to  Post  Graduate  in  Medicine  and  Dentistry  Bill,  2017 passed by the State Assembly and submitted for assent of the President to exemption from NEET to the State. Since, the provisions of the proposed B s are in direct contravention of Section 10D of the Indian Medical Council 1956  and  the  Dentists  Act,  1948,  the  Ministry  has  raised  objection  to conveyed the same to MHA.

Further, the MHA forwarded, for comments of the Ministry, the India Me dical Council (Tamil Nadu Amendment) Ordinance, 2017 and the Dentist (Tamil Nadu Amendment) Ordinance, 2017 submitted by the State for obtainin previous  instructions  of  the  President  for  its  promulgation.  The  pro Ordinances were also not supported by the Ministry.

In the draft National Medical Commission Bill, there was a provision National  Eligibility  cum  Entrance  Test  (NEET).  The  State  Government  o Tamil Nadu had raised some objections to the NEET during their presentat to the Departmental related Parliamentary Standing Committee on Health and Family Welfare. The Standing Committee took cognizance of these observations and after due consideration recommended in its 109th Report NMC Bill 2017 to conduct a uniform National Eligibility cum Entrance Test for admission to the undergraduate medical education in all medical institu Subsequently, the Parliament has deliberated upon the Bill and passed the Act along with the provision of NEET and the Act has  been enacted on th August 2 019 .

In view of the above, the matter has already been settled by the Hon'ble Supreme Court and the Parliament of India .

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