The Crossbill News Desk
The Tamil Nadu government has approached the Supreme Court seeking to overturn the President of India’s decision to withhold assent to a state law aimed at exempting Tamil Nadu from admitting medical students through the National Eligibility cum Entrance Test (NEET).
The challenge concerns the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021, which was unanimously passed by the state assembly but later denied Presidential assent, creating what the state has described as a constitutional deadlock, according to Bar and Bench.
The suit, settled by Senior Advocate P. Wilson and filed through advocate Misha Rohatgi, argues that the NEET regime disproportionately benefits urban, affluent, CBSE-educated students while disadvantaging underprivileged students from rural and Tamil-medium government schools, The Hindu reported.
The state noted that although the bill was forwarded to the Governor for Presidential consideration and objections from Union ministries were addressed, the assent was “mechanically denied” without reasons and communicated via the Governor’s secretariat on March 4.
“This suit raises substantial question of law as to interpretation of the Constitution raising significant questions relating to the State’s legislative autonomy, Constitutional federalism, the scope of Article 201, Article 254(2) [in case a State law is found repugnant to an existing Central law], and the State’s primary duty under Article 47 to safeguard public health by ensuring equitable access to medical education,” the plea said, as quoted by The Hindu.
Tamil Nadu further argued that the introduction of NEET in 2017 disrupted the state’s long-standing admission framework and effectively excluded first-generation learners from government schools.
It added that NEET had fuelled a lucrative coaching industry worth thousands of crores, noting, “Data reveals that in Tamil Nadu, more than 70% of students securing MBBS admissions post-NEET are ‘repeaters’, while first-generation learners from government schools are effectively excluded.”
The legal challenge comes months after the Supreme Court, in April, ruled that Governor R.N. Ravi’s delays in clearing bills passed by the DMK government were “erroneous and illegal,” affirming that a governor cannot indefinitely block decisions made by an elected legislature.
The challenge concerns the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021, which was unanimously passed by the state assembly but later denied Presidential assent, creating what the state has described as a constitutional deadlock, according to Bar and Bench.
The suit, settled by Senior Advocate P. Wilson and filed through advocate Misha Rohatgi, argues that the NEET regime disproportionately benefits urban, affluent, CBSE-educated students while disadvantaging underprivileged students from rural and Tamil-medium government schools, The Hindu reported.
The state noted that although the bill was forwarded to the Governor for Presidential consideration and objections from Union ministries were addressed, the assent was “mechanically denied” without reasons and communicated via the Governor’s secretariat on March 4.
“This suit raises substantial question of law as to interpretation of the Constitution raising significant questions relating to the State’s legislative autonomy, Constitutional federalism, the scope of Article 201, Article 254(2) [in case a State law is found repugnant to an existing Central law], and the State’s primary duty under Article 47 to safeguard public health by ensuring equitable access to medical education,” the plea said, as quoted by The Hindu.
Tamil Nadu further argued that the introduction of NEET in 2017 disrupted the state’s long-standing admission framework and effectively excluded first-generation learners from government schools.
It added that NEET had fuelled a lucrative coaching industry worth thousands of crores, noting, “Data reveals that in Tamil Nadu, more than 70% of students securing MBBS admissions post-NEET are ‘repeaters’, while first-generation learners from government schools are effectively excluded.”
The legal challenge comes months after the Supreme Court, in April, ruled that Governor R.N. Ravi’s delays in clearing bills passed by the DMK government were “erroneous and illegal,” affirming that a governor cannot indefinitely block decisions made by an elected legislature.
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