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Open school students can take NEET

Top court overhauls eligibility criteria for a career in medicine

by Blitz India Media
March 7, 2024
in Legal
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Team Blitz India

NEW DELHI: In a ground-breaking decision, the Supreme Court has ruled that students from open schools recognised by the Central Board of Secondary Education (CBSE) and State Boards are now eligible to take the National Eligibility cum Entrance Test (NEET).

The verdict, addressing longstanding restrictions, signals a significant overhaul of eligibility criteria, widening the scope for those aspiring for a career in medicine.

The Supreme Court noted that all open schools recognised by CBSE and state education boards will now be acknowledged by the National Medical Council (NMC) for NEET purposes. Consequently, candidates who have completed their 10+2 education from open schools will now be eligible to appear for the examination.

Notably, a previous provision under the Regulation 4(2)(a) of the Medical Council of India Regulations on Graduate Medical Education, 1997, had barred such candidates from participating in the exams.

In 2018, the Delhi High Court had struck down this provision, deeming it unconstitutional. The court had held that the assumption made by the medical council, suggesting inferiority among students who do not attend regular schools due to financial or social reasons, was unconstitutional and violated both Article 14 and the right to opportunity to acquire a professional degree. Aggrieved by this decision, the Medical Council had filed the present appeal.

The matter was placed before the Bench comprising Justices PS Narasimha and Aravind Kumar. When the matter was taken up, counsel for the respondent informed the Division Bench of the letter dated November 2, 2023 addressed by the Under Graduate Medical Education Board of the NMC.

The letter conveyed that “that all open schools recognised 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.”

Apart from this, a public notice issued by the board on the same date was also brought to the court’s attention. As per it, the National Medical Commission has framed the Graduate Medical Education Regulations, 2023. The same were notified on June 2, 2023. Given these developments, the Court disposed of the appeal.

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