The Supreme Court recently observed that the students who have done the 10+2 from open school recognised by Central Board of Secondary Education (CBSE) and state education boards will be eligible to appear for the common medical college admission examination called National Eligibility-cum-Entrance Test (NEET).
A bench of Justices P S Narsimha and Aravind Kumar was hearing an appeal filed by National Medical Commission (NMC) challenging the 2018 order of Delhi high court ruling the Regulation 4(2)(a) of the Medical Council of India Regulations on Graduate Medical Education, 1997 as unconstitutional.
Regulation 4(2)(a) stated that “….two years of regular and continuous study of Physics, Chemistry, Biology/Biotechnology taken together shall be required at 10+2 level for all the candidates. Candidates who have passed 10+2 from Open Schools or as Private candidates shall not be eligible to appear for National Eligibility-cum-Entrance Test”
The high court had contended that such rule is violative of article 14 of the constitution of india and right to opportunity to acquire professional degree.
However, in the present proceedings, the counsel for the respondent informed the Division bench about the letter dated 02.11.2023 addressed by the Under Graduate Medical Education Board (UGMEB) of NMC.
NMC UG Board has conveyed in the letter that “that all open schools recognized by Central Board of Secondary Education (CBSE) and State Education Board shall be considered for recognition by National Medical Commission (NMC) for the purpose of NEET.”
The respondents also referred to the public notice issued by the UGMEB. As per the said notice, NMC has framed the Graduate Medical Education Regulations, 2023 repealing 1997 regulations were repealed prospectively.
Thus, considering the letter as well as the public notice, the apex court disposed of the appeal.
The court held, “In view of the above referred letter and Public Notice, it is clear that open schools recognized by CBSE and State Education Boards shall be recognized by the National Medical Council for the purpose of taking the NEET Examination”
Written by Shagun Behal
