Eligibility of Students from Open Schools Recognized by CBSE and State Boards for NEET Exam Affirms by Supreme Court
Eligibility of Students from Open Schools Recognized by CBSE and State Boards for NEET Exam Affirms by Supreme Court In a landmark decision, the Supreme Court has ruled that students from open schools recognized by the Central Board of Secondary Education (CBSE) and State Education Boards are now eligible to appear for the National Eligibility-cum-Entrance Test (NEET). The court declared that such open schools, once recognized by CBSE and State Boards, shall also be acknowledged by the National Medical Council (NMC) for NEET purposes.
This ruling overturns the proviso to Regulation 4(2)(a) of the Medical Council of India Regulations on Graduate Medical Education, 1997, which previously barred candidates who passed 10+2 from open schools from taking the NEET exams.
The case had its roots in a 2018 Delhi High Court judgment, which declared the proviso unconstitutional. The High Court, in its decision, emphasized that presumptions considering students from open schools as inferior due to financial and social reasons violate constitutional ethos, particularly Article 14 and the right to the opportunity to acquire a professional degree.
The Medical Council, aggrieved by the High Court’s decision, filed an appeal, leading to the recent Supreme Court ruling. Justices PS Narasimha and Aravind Kumar presided over the bench. The Court took note of a letter dated November 2, 2023, from the Under Graduate Medical Education Board of the NMC. The letter stated that all open schools recognized by CBSE and State Education Boards would be considered for recognition by NMC for NEET purposes.
Additionally, a public notice issued by the board highlighted the framing of the Graduate Medical Education Regulations, 2023, which came into effect on June 2, 2023. Regulation 11(b) of these new regulations clarified that candidates passing 10+2 with required subjects would be eligible for NEET-UG. The court recognized these developments and disposed of the appeal.
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,” stated the Court in its order.
Source: Supreme court
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