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All you need to know about the CCPT and Supreme Court verdict for NEET.

All you need to know about the CCPT and Supreme Court verdict for NEET.

Dr. Sagar Gudhka

 

Amidst all the confusions regarding NEET and the future of MHT-CET examinations, the CCPT brings a chronology on how the decisions regarding NEET or AIPMT have been changed over the years and also its vital role in its struggle to pave the way for students to get admissions in medical colleges through MHT-CET.

 

Before 2012: CBSE used to conduct All India Pre-Medical Test (AIPMT). There were two papers in the older AIPMT format.

 

2012: The Government introduces the one-country, one-test, NEET for medical admissions. The test was initially proposed to take place from 2012 onwards. However, due to oppositions from the various states and private colleges, the CBSE and Medical Council of India deferred NEET by a year.

 

Feb 2013: More than 80 cases opposing the undergraduate NEET filed; two of these by state governments and the rest by private and minority institutes. Private institutes oppose the test because they want a greater say in the content, while minority institutions are worried they would be able to retain minority character.

 

May 5, 2013: Test held for the first time.

 

July 18, 2013: In a 2-1 split verdict on the validity of the NEET, a Bench led by former Chief Justice Altamas Kabir holds that the MCI and the Dental Council of India lacked legal authority to control admissions to MBBS, BDS and post-graduate courses. This view is shared by Justice Vikramjit Sen. However, Justice Anil R Dave differs.

 

Oct 23, 2013: A review petition challenging the judgment is filed by the MCI; Supreme Court issues notice.

 

May, 2014: CBSE conducts AIPMT. The final decision on NEET UG is planned to be taken after the verdict of the Supreme Court of India.

 

April 7, 2016: The Supreme Court, after carefully considering submissions, reserves the judgment.

 

April 11, 2016: The Constitution bench of the Supreme Court recalls 2013 judgment passed by it striking down a common entrance examination for all medical colleges in India. The judgment delivered by the then Chief Justice of India Altamas Kabir on the day of his retirement.

The apex court order revives government’s December 21, 2010 notification for holding a single common entrance test through NEET with a clarification that any challenge on the issue would directly come before it and no high court can interfere in it.

 

April 28, 2016: The Supreme Court clears decks for holding of NEET in two phases for the academic year 2016-17 with May 1 AIPMT exam to be considered NEET-1 and NEET-2 for those candidates who have not appeared in the first phase exam.

With this clarification, the three-judge bench led by Justice Anil R Dave make it unequivocal that all other admission tests, already held or scheduled for later, for admission to government colleges, deemed universities, private medical colleges, minority and linguistic minority colleges, stand scrapped.

 

April 29, 2016: CCPT intervened. CCPT directors Prof. Ravi Seshan, Dr. Abhang Prabhu, Prof. Avinash Mishra, Prof. Santosh Yadav and Prof. Kiran Parchure conducted the meeting to decide the further plan of action.

 

The State Government moves the Supreme Court seeking modification of yesterday’s order to allow state governments and private colleges to hold separate entrance examinations for MBBS and BDS courses for the academic year 2016-17.

 

April 30, 2016:

Mr. Rajesh Jain (Educational counsellor of CCPT team), Mrs. Rajashree Rathod (an independent social activist) and Dr. Nalini Parchure (Principal – CCPT Sangli) were involved in filing the review petition at Supreme court.

 

On the parents front, the following parents of CCPT students were involved:

  • Rupal Shah (Hiral Shah’s mother – Ghatkopar)
  • Shilpa Shetty (Dhruv Shetty’s mother – Dadar)
  • Vijay Joshi (Mihira Joshi’s father – Mulund)
  • Paresh Shah (Aditi Shah’s father – Dadar)
  • Manoj Gandhi (Ritik Gandhi’s father – Dadar)
  • Aneesh Sabnis (Aditya Sabnis’s father – Vile Parle)
  • Kirti Pawar (Samragini Pawar’s mother – Dadar)

 

The following steps were taken by the CCPT:

  • Ashutosh Kumbhkoni the senior lawyer of Mumbai high court was contacted.
  • Gaurav Agarwal the senior lawyer of Supreme court was contacted.
  • C. U. Singh the senior counsel of Supreme court was appointed on behalf of the petitioner.
  • Wakalatnama of 39 students was done.
  • The review petition AI No. 41 – 42 with name Mihira Vijay Joshi was filed.

 

We argued that the exam on May 1, being held as the first phase of NEET, will leave aspirants with almost no time to prepare.

 

The Court declines to issue an urgent order to modify its directive to hold the common all-India medical entrance test (NEET) in two phases even as the CCPT cited “practical difficulties” in conducting the exam for the 2016-17 session.

 

 

May 1, 2016: CBSE conducted the first phase of NEET. As many as six lakh candidates appeared for the exam.

 

May 3, 2016: Court room No. 2

Attended by:

Mr. Rajesh Jain

Prof. Avinash Mishra

Prof. Ravi Seshan

Dr. Abhang Prabhu

Mr. Vijay Joshi

 

The Supreme Court agreed to hear a fresh plea of few states, including Jammu and Kashmir and some private medical colleges. The Court has asked the Health Ministry and MCI to respond to the plea.

 

May 5, 2016: Court room No. 2

Attended by:

Mr. Rajesh Jain

Prof. Avinash Mishra

 

The Supreme Court clarified that private colleges would not be allowed to conduct separate exams for medical admissions.  The Centre has to answer the state’s plea tomorrow.

 

May 6, 2016: Court room No. 2

Attended by:

Mr. Gaurav Agarwal

Mr. C. U. Singh

The MCI on Friday has asked the Supreme Court to allow the states to conduct separate medical admission tests for 2016-17. However, the Centre has asked the apex court to give them time till Monday.

 

NEET-II, scheduled for July 24, will allow only those candidates who have not appeared in the May 1 NEET-I exam irrespective of whether or not they had filled up the forms. According to the court order, CBSE’s AIPMT on May 1 has to be considered as first phase of NEET.

Simultaneously, CCPT team had meetings with various dignitaries.

 

           In Maharashtra:

  1. Hon. Chief Minister – Mr. Devendra Phadnavis
  2. Hon. Educational Minister – Mr. Vinod Tawde
  • NCP chief – Mr. Sharad Pawar

 

In Delhi:

  1. NCP chief – Mr. Sharad Pawar
  2. Health minister – Mr. J. P. Nadda
  3. HRD minister – Mrs. Smriti Irani

 

May 9, 2016:  Results

Court room No. 2

Attended by:

Mr. Gaurav Agarwal

Mr. C. U. Singh

 

  • The Supreme Court has rejected pleas of state governments and minority institutions to allow them to hold separate entrance exams for MBBS and BDS courses for the academic year 2016-17.
  • Only NEET provides for conducting such test for admission to these courses.
  • The Court has allowed all 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-II, subject to seeking an option from the said candidates to give up their candidature for NEET-I.

 

After this disappointing decision, CCPT directors with the educational counsellor Mr. Rajesh Jain, Parents and Lawyer Kumbhkoni has a brain storming sessions to find the way out.

The only intention was to get the ordinance from the Central Govt. of India against it.

CCPT team again approached Educational minister Mr. Vinod Tawde and Chief Minister Mr. Devendra Phadnavis.

It was briefed them about the frustrations and mental traumatic situation of the State students.

Chief Minister Mr. Devendra Phadnavis promised to speak to our Prime Minister Mr. Narendra Modi the very next day.

After his long meeting with Modiji, the ordinance to be executed was decided.

 

May 10, 2016: The Supreme Court said it will consider Centre’s plea seeking permission to hold the entrance examination for MBBS and BDS for the academic year 2016-17 in six vernacular languages — Tamil, Telugu, Marathi, Assamese, Bengali and Gujarati.

 

May 20: Amid strong reservations expressed by several states against conducting the National Eligibility cum Entrance Test (NEET) this year, the NDA government Friday paved the way for an ordinance to keep state governments’ exams out of the ambit of the common test.

 

May 24: President Pranab Mukherjee gave his assent to the ordinance on uniform medical entrance examination NEET, ahead of his four-day visit to China.

 

The ordinance was signed by the president on Saturday.

 

This paved the way for 20 medical colleges seats to be filled by MHT-CET 2016.

 

CCPT sincerely thanks the following people for their valuable timely inputs:

  1. Rajesh Jain
  2. Ashutosh Kumbhkoni
  3. Rajashree Rathod
  4. Nalini Parchure
  5. Vijay Joshi
  6. Rupal Shah
  7. Shilpa Shetty
  8. Kirti Pawar
  9. Paresh Shah

 

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