Recently, the Supreme Court of India delivered a significant judgement, making the National Eligibility-cum-Entrance Test (NEET) mandatory for all medical colleges. This includes minority institutions, stating that their right is not absolute and can be subjected to regulations.
The Controversy Surrounding the Medical Entrance Examination
Several colleges had previously challenged the notifications issued by the Medical Council of India (MCI) and the Dental Council of India (DCI), arguing against uniform entrance exams under Sections 10D of the Indian Medical Council Act of 1956 and the Dentists Act of 1948. The management of these minority-run institutions maintained that incorporating them under NEET would infringe on their fundamental rights to occupation, trade, business, religious freedom, managing their religious affairs, and administrating their institutions.
Some petitioners even alleged that the rules notified by the Andhra Pradesh government violated the rights of minority educational institutions under Article 30(1) of the Indian Constitution.
Significant Points from the Supreme Court’s Judgement
The Supreme Court declared that provisions under Section 10D of the MCI and Dentists Act do not violate the fundamental and religious rights of minorities or the rights available under Article 30. The apex court emphasized that the right to freedom of trade or business is not absolute and is subject to reasonable restriction for the benefit of the student community, to promote merit, recognize excellence, and curb malpractices.
According to the court, a uniform entrance test like NEET satisfies the test of proportionality and is deemed reasonable. NEET’s mandate extends to medical colleges run by religious and linguistic minority communities, both aided and unaided institutions. The aim was to curb malpractices in medical education, prevent a capitation fee from admitting lower merit students, and halt the commercialization of education.
The Court also upheld rules by the Andhra Pradesh government that make Secondary School Certificate (SSC)/Transfer Certificate (TC) the basis for a candidate’s claim of minority status for admission to B.Ed courses.
Examining Major Issues Related to Minority Quota
Certain issues were highlighted in the judgement, like students from other communities obtaining conversion certificates for admission under the management quota. The court observed that minority seats are highly disproportionate due to the total number of colleges and seat availability. Upholding the Andhra Pradesh government’s rules would protect genuine minority students from false conversions.
Overview of Minority Educational Institutions
Although not explicitly defined in the Constitution, minority institutions are classified into three types: those seeking recognition and aid from the state, those seeking only recognition, and those not seeking either. The first two types are subjected to state regulations, while the third type operates under general laws like labour law, tax law, and others.
In a 2007 judgement, the Supreme Court allowed these minority institutions to admit eligible students of their choice with a reasonable fee structure but clarified that this right is not absolute and does not involve the right to maladministration.