The Centre on Tuesday filed a review petition in the Supreme Court against its judgment,declaring the all-India common entrance test for medical admissions as unconstitutional since it interfered with the rights of private,minority and linguistic institutions to admit students.
In a 2-1 split verdict on the validity of the National Eligibility Entrance Test (NEET),a Bench led by former Chief Justice Altamas Kabir had held that the Medical Council of India and the Dental Council of India lacked legal authority to control admissions to MBBS,BDS and post-graduate courses. This view was shared by Justice Vikramjit Sen. However,Justice Anil R Dave differed with this opinion.
The July 18 verdict,that came out on the last day of Justice Kabirs tenure as CJI,had witnessed controversies relating to its alleged leak before the pronouncement.
Demanding a reconsideration of the verdict,the government has claimed that the judgment failed to consider the decision of another three-judge bench that prescribing standards of education includes the power to conduct a common entrance examination and that regulating admissions was a necessary facet of maintaining standards of education.
The plea also referred to a Constitution bench judgment in 1999 wherein it was ruled that the right to life under Article 21 required a need for excellence in medical education and that norms for admissions can have a direct impact on the standards of education. It said that this verdict was binding on the three-judge Bench.