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TMI Blog2013 (10) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... if any, received from any State Government in respect thereof, before submitting the same to the Central Government for sanction. Right to administer an educational institution would also include the right to admit students, which right, in our view, could not be taken away on the basis of Notifications issued by the MCI and the DCI which had no authority, either under the 1956 Act or the 1948 Act, to do so. The MCI and the DCI are creatures of Statute, having been constituted under the Indian Medical Council Act, 1956, and the Dentists Act, 1948, and have, therefore, to exercise the jurisdiction vested in them by the Statutes and they cannot wander beyond the same. Of course, under Section 33 of the 1956 Act and Section 20 of the 1948 Act, power has been reserved to the two Councils to frame Regulations to carry out the purposes of their respective Acts. It is pursuant to such power that the MCI and the DCI has framed the Regulations of 1997, 2000 and 2007, which set the standards for maintaining excellence of medical education in India. The right of the MCI and the DCI to prescribe such standards has been duly recognised by the Courts. However, such right cannot be extended to co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransparent basis and merit was adequately taken care of. The learned Judges went on to indicate that the right to administer, not being absolute, there could be regulatory measures for ensuring educational standards and maintaining excellence thereof, and it was more so in the matter of admissions to professional institutions. Whether the rights of minorities to establish and administer educational institutions of their choice would include the procedure and method of admission and selection of students - minority institution may have its own procedure and method of admission as well as selection of students, but such a procedure must be fair and transparent and the selection of students in professional and higher educational colleges should be on the basis of merit and even an unaided minority institution should not ignore the merit of the students for admission while exercising its right to admit students to professional institutions. On the question whether the rights of minority institutions regarding admission of students and to lay down the procedure and method of admission would be affected, in any way, by receipt of State aid, the learned Judges were of the view that while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost Graduate Medical Education Regulations, 2000". Both the Regulations came into force simultaneously on their publication in the Official Gazette. The third and fourth Notifications both bearing No. DE- 22-2012 dated 31.5.2012, relating to admission in the BDS and MDS courses published by the Dental Council of India, are similar to the notifications published by the MCI. 2. The four aforesaid Notifications have been challenged on several grounds. The major areas of challenge to the aforesaid Notifications are: (i) The powers of the Medical Council of India and the Dental Council of India to regulate the process of admissions into medical colleges and institutions run by the State Governments, private individuals (aided and unaided), educational institutions run by religious and linguistic minorities, in the guise of laying down minimum standards of medical education, as provided for in Section 19A of the Indian Medical Council Act, 1956, and under Entry 66 of List I of the Seventh Schedule to the Constitution. (ii) Whether the introduction of one National Eligibility-cum-Entrance Test (NEET) offends the fundamental right guaranteed to any citizen under Article 19(1)(g) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ens of India who have obtained foreign medical qualifications which are not at present recognized under the existing Act; (c) to provide for the temporary recognition of medical qualifications granted by medical institutions in countries outside India with which no scheme of reciprocity exists in cases where the medical practitioners concerned are attached for the time being to any medical institution in India for the purpose of teaching or research or for any charitable objects; (d) to provide for the formation of a Committee of Post-graduate Medical Education for the purpose of assisting the Medical Council of India to prescribe standards of post-graduate medical education for the guidance of universities and to advise universities in the matter of securing uniform standards for post-graduate medical education throughout India; (e) To provide for the maintenance of an all-India register by the Medical Council of India, which will contain the names of all the medical practitioners possessing recognized medical qualifications." 5. The Medical Council of India, hereinafter referred to as "MCI", has been defined in Section 2(b) of the 1956 Act to mean the Medical Council of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion the comments of any State Government received within three months from the furnishing of the copies as aforesaid. (3) The Committee shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit." 8. Section 20 of the 1956 Act, provides for a Post-graduate Medical Education Committee to assist the Medical Council of India to prescribe standards of post-graduate medical education for the guidance of the Universities. For the sake of reference, the relevant portions of Section 20 of the 1956 Act with which we are concerned, are also extracted herein below :- "20. Post-graduate Medical Education Committee for assisting Council in matters relating to post-graduate medical education - (1) The Council may prescribe standards of Postgraduate Medical Education for the guidance of Universities, and may advise Universities in the matter of securing uniform standards for Postgraduate Medical Education through out India, and for this purpose the Central Govt. may constitute from among the members of the Council a Postgraduate Medical Education Committee (hereinafter referred to as the Post-g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive categories shall be as per applicable laws prevailing in States/ Union Territories. An all India merit list as well as State- wise merit list of the eligible candidates shall be prepared on the basis of the marks obtained in National Eligibility-cum- Entrance Test and candidates shall be admitted to MBBS course from the said lists only. IV. No candidate who has failed to obtain the minimum eligibility marks as prescribed in Sub Clause(ii) above shall be admitted to MBBS Course in the said academic year. V. All admissions to MBBS course within the respective categories shall be based solely on marks obtained in the National Eligibility-cum-Entrance Test. 10. Similarly, by virtue of Notification No. MCI.18(1)/2010-Med./49070, in purported exercise of the powers conferred by Section 33 of the 1956 Act, the Medical Council of India, with the previous approval of the Central Government, made similar amendments to the Postgraduate Medical Education Regulations, 2000, providing for a single eligibility cum entrance examination. For the sake of reference, the portion of the notification which is relevant for our purpose is extracted herein below: "No. MCI.18(1)/2010-Med./49070. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government acquired the authority to also legislate on matters relating to education, which it did not have previously. 12. Another common submission, which is of great significance as far as these matters are concerned, was with regard to the adverse impact of the single entrance examination on the fundamental right guaranteed to all citizens under Article 19(1)(g) of the Constitution to practise any profession, or to carry on any occupation, trade or business. The provisions of Article 30, preserving the right of both religious and linguistic minorities, to establish and administer educational institutions of their choice, were also highlighted by learned counsel for some of the Petitioners. 13. The major challenge, however, was with regard to the MCI's attempt to regulate admissions to the M.B.B.S. and Post-graduate Courses in all medical colleges and medical institutions in the country run by the different State Governments and by private agencies falling within the ambit of Article 19(1)(g) and in some cases Article 30 of the Constitution as well by introducing NEET. One of the facets of such challenge was the inter-play of Article 29(2) and Article 30(1), as also Article 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the country, had been challenged by the Petitioners before the Madras High Court, in Writ Petition Nos.24109 of 2011 and 24110 of 2011. Mr. Salve urged that the said amendments stifled and stultified the fundamental rights guaranteed to religious minorities under Articles 25, 26, 29(1) and 30 of the Constitution of India. Mr. Salve submitted that Article 25 secures to every person, subject to public order, health and morality and to the other provisions of Part-III of the Constitution, freedom of conscience and the right freely to profess, practise and propagate religion. The said right guarantees to every person freedom not only to entertain such religious belief, but also to exhibit his belief in such outward acts as he thought proper and to propagate or disseminate his ideas for the edification of others. Mr. Salve urged that this proposition was settled by this Court as far back as in 1954 by a Bench of Seven-Judges in Commr., H.R.E. Vs. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [1954 SCR 1005]. 16. Mr. Salve submitted that subject to public order, morality and health, Article 26 of the Constitution guarantees to every religious denomination or a section thereof, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evelopment of a Christian Medical College and Hospitals, in India, where women and men shall receive education of the highest grade in the art and science of medicine and of nursing, or in one or other of the related professions, to equip them in the spirit of Christ for service in the relief of suffering and the promotion of health". 19. Out of 100 seats available for the under-graduate MBBS Course, 84 are reserved for candidates from the Christian community and the remaining are available for selection in the open category with reservation for candidates belonging to the Scheduled Castes and Scheduled Tribes. Similarly, 50% of the Post-graduate seats are reserved for Christian candidates and the remaining 50% are available for open selection on an All-India basis. Mr. Salve submitted that all students selected for the MBBS course are required to sign a bond agreeing to serve for a period of two years in areas of need, upon completion of their courses. Similarly, Post-graduate students selected in the Christian minority category have also to give a similar undertaking. 20. Mr. Salve submitted that the Medical Colleges and institutions run by the Writ Petitioners charge fees whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the rights guaranteed to it under Article 30 of the Constitution. In the pending Writ Petition, various interim orders were passed by the Constitution Bench of this Court permitting the institution to take resort to its own admission procedure for the undergraduate course in the same manner in which it had been doing in the past. The said Writ Petition was heard in 2002, along with the T.M.A. Pai Foundation case (supra), wherein eleven questions had been framed. While hearing the matters, the Chief Justice formulated five issues to encompass all the eleven questions, on the basis of which the hearing was conducted, and the same are extracted below: "1. Is there a fundamental right to set up educational institutions and, if so, under which provision? 2. Does Unni Krishnan case [(1993) 4 SCC 111] require reconsideration? 3. In case of private institutions (unaided and aided), can there be government regulations and, if so, to what extent? 4. In order to determine the existence of a religious or linguistic minority in relation to Article 30, what is to be the unit - the State or the country as a whole? 5. To what extent can the rights of aided private minority institutions to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stitution. Amongst students to be admitted from the minority group, inter se merit would have to be ensured and, in the case of aided professional institutions, it could also be submitted that in regard to the seats relating to non-minority students, admission should normally be on the basis of the common entrance test held by the State agency, followed by counselling wherever it exists. 25. In reply to the third Question, it was held that a minority institution may have its own procedure and method of admission as well as selection of students, but such a procedure would have to be fair and transparent and the selection of students in professional and higher educational colleges should be on the basis of merit. The procedure selected for admission by the minority institution ought not to ignore the merit of students for admission while exercising the right to admit students by the colleges aforesaid, as in that event, the institution will fail to achieve excellence. The said procedure should not amount to maladministration. 26. Some of the issues decided in the T.M.A. Pai Foundation case came up for clarification in the Islamic Academy of Education case (supra) and for further i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s it had been doing for the last several decades. Mr. Salve submitted that the Committee set up by the Government of Tamil Nadu has permitted the Institution to follow its own admission procedure for undergraduate M.B.B.S. course for the academic year 2012-2013. 28. While matters were thus poised, the Medical Council of India framed the impugned amended Regulations, which, according to Mr. Salve, not only violated the fundamental rights guaranteed under Articles 25, 26 and 30 of the Constitution to minority run institutions, but if implemented, would destroy the very objective with which the hospital had been set up in response to Christ's mission of healing the sick. Mr. Salve submitted that the impugned Notifications were inconsistent with the law laid down by the Supreme Court in its various decisions dealing with the rights of unaided, non-capitation fee minority institutions to admit students of their choice. 29. Mr. Salve submitted that right from the decision in Unni Krishnan's case (supra), when the State Government first sought to interfere with the admission process adopted by the Petitioner Institution, this Court has, by virtue of different interim and final orders, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the MCI Regulations sought to be introduced thereby are contrary to the judgments delivered by the Constitution Bench. Learned counsel submitted that till the amendments were introduced, the concerned institutions had been conducting their own All India Entrance Tests for admission to the MBBS and Post-Graduate medical courses. Mr. Salve urged that there has been no complaint of maladministration as far as the institutions run by the Petitioner Association are concerned. 33. It was further submitted that all the Petitioners in this batch of cases are either religious minority educational institutions or linguistic minority institutions; non-minority self-financing colleges, self-financing "Deemed to be Universities" under Section 3 of the University Grants Commission Act and the State Governments which run State medical colleges. However, it is the Christian Medical College, Vellore, which is among the very few institutions that fall in the first category. The learned counsel urged that without demur, the Christian Medical College, Vellore, has been consistently rated among the top ten medical colleges in the country and usually ranked first or second. The excellence of patient ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ambit of Article 26(a) and (b) of the Constitution. Mr. Salve submitted that, in fact, the said activities had been recognised by this Court in the T.M.A. Pai Foundation case (supra), wherein in paragraph 26, it was held as follows :- "26. The right to establish and maintain educational institutions may also be sourced to Article 26(a), which grants, in positive terms, the right to every religious denomination or any section thereof to establish and maintain institutions for religious and charitable purposes, subject to public order, morality and health. Education is a recognised head of charity. Therefore, religious denominations or sections thereof, which do not fall within the special categories carved out in Article 29(1) and 30(1), have the right to establish and maintain religious and educational institutions." 36. Today the Petitioner has in place a selection process for admission to its Under-graduate and Post-graduate courses, by which it seeks to select candidates imbibed in the spirit of Christ for the purpose of healing the sick and to dedicate their lives to serve the needy, both in the Petitioner Institution and also in far flung areas, where people have no ready ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... main purpose of constituting the MCI was to ensure excellence in the field of medical education and for the said purpose, to regulate the standards of teaching and the infrastructure available for establishment of a new medical college or to introduce a new course of study in an existing college. What is made clear from Section 10A is that no new medical college could be established and recognised by the Central Government without the recommendation of the Medical Council of India. Such recognition would be dependent upon inspection and satisfaction that the proposed new medical college satisfied all the conditions stipulated by the Medical Council of India for starting a new medical college. Section 19A, which was inserted into the principal Act much before Section 10A, speaks of the minimum standards of medical education, other than post-graduate medical qualification, which the Medical Council of India may prescribe as being required for grant of recognition to medical institutions in India. 39. Mr. Salve urged that while Section 33 of the 1956 Act empowered the Council, with the previous sanction of the Central Government, to make Regulations to carry out the purposes of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... services being provided by them. Mr. Salve submitted that the MCI, which is a creature of Statute, cannot travel beyond the powers vested in it by the Statute and its attempt to regulate and control the manner in which admissions are to be undertaken in these institutions, by introducing a single entrance examination, goes against the very grain of the fundamental rights vested in the religious and linguistic minorities to establish and administer educational institutions of their choice and to impart their religious values therein, so long as the same was not against the peace and security of the State. 42. Mr. Salve urged that the amended provisions of the MCI Regulations as impugned, were liable to be struck down as being contrary to the provisions of Articles 25, 26 and 30 of the Constitution, read with Sections 10A and 19A of the Indian Medical Council Act, 1956. 43. Having heard Mr. Harish Salve on the rights claimed by religious minority medical institution enjoying the protection of Articles 25, 26, 29(1) and 30 of the Constitution, we may now turn to the submissions made by Mr. K. Parasaran, learned Senior Advocate, appearing on behalf of the Vinayaka Missions Universit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Constitution, but continued to be valid in so far as it supported the Scheme already framed under the U.P. Act. 48. Mr. Parasaran contended that a standard must have general application and inter se merit does not relate to standards, but is a comparison of an assessment of merit among the eligible candidates. 49. Mr. Parasaran submitted that the legislative power under Entry 11 of List II stood transferred to List III only by virtue of the Forty-second Amendment with effect from 3rd January, 1977 and the power so acquired by virtue of the amendment, could not validate an Act enacted before the acquisition of such power. Mr. Parasaran urged that while the Indian Medical Council Act was enacted in 1956, Section 19A on which great reliance was placed by Mr. Nidhesh Gupta, learned Advocate appearing for the MCI, was brought into the Statute Book on 16th June, 1964. Consequently the 1956 Act, as also the Regulations, are ultra vires, except to the extent covered by Entry 66 of List I, which is confined to "co- ordination and determination of standards". 50. Referring to the decision of this Court in State of Orissa Vs. M.A. Tulloch & Co. [(1964) 4 SCR 461], Mr. Parasaran conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 of List II had been overlooked. The Court, therefore, erroneously proceeded on the basis of the powers given to Parliament by virtue of Entry 25 of List III by the Forty-second Amendment. Mr. Parasaran urged that to the extent it is inconsistent with the decision in the T.M.A. Pai Foundation case (supra), as to the right of admission by private institutions, the decision in Preeti Srivastava's case (supra) will have to yield to the principles laid down by the larger Bench in the T.M.A. Pai Foundation case (supra). Mr. Parasaran submitted that the effect of the impugned Regulations in the context of the prevailing law is that private institutions may establish educational institutions at huge costs and provide for teaching and lectures, but without any right, power or discretion to run the college, even to the extent of admitting students therein. Mr. Parasaran contended that by the introduction of NEET the States and Universities in States stand completely deprived of the right to deal with admissions, which has the effect of destroying the federal structure of the Constitution. 52. Mr. Parasaran urged that the executive power of the State, which is co-extensive with the legis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es the right to admit students and to nominate students for admission and even when students are required to be selected on the basis of merit, the ultimate decision to grant admission to the students who have otherwise qualified for the said purpose, must be left with the educational institutions concerned. Mr. Parasaran submitted that in the T.M.A. Pai Foundation case (supra), this Court, inter alia, observed that the fixing of a rigid fee structure, compulsory nomination of teachers and staff for appointment or nominating students for admission would be unreasonable restrictions. 56. Mr. Parasaran also urged that the right of minority institutions under Article 30 is in the national interest and as indicated in the decision in Unni Krishnan's case (supra), the hard reality that emerges is that private educational institutions are a necessity in the present-day circumstances. It is not possible today without them because the Governments are in no position to meet the demand, particularly in the sectors of medical and technical education, which call for substantial investments and expenses. Mr. Parasaran submitted that the impugned Regulations were not in the national interest an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ately it is the institutions which must have the right to decide the admission of candidates. 59. Mr. Parasaran submitted that in Pradeep Jain Vs. Union of India [(1984) 3 SCC 654], this Court has held that university-wise distribution of seats is valid. The learned Judges fully considered the mandate of equality and pointed out the need to take into account different considerations relating to differing levels of social, economic and educational development of different regions, disparity in the number of seats available in different States and the difficulties that may be faced by students from one region, if they get a seat in another region. This Court held that an All India Entrance Examination would only create a mirage of equality of opportunity and would, in reality, deprive large sections of underprivileged students from pursuing higher education. Though attractive at first blush, an All India Entrance Examination would actually be detrimental to the interests of the students hoping for admission to the M.B.B.S. and Post-graduate courses. 60. Mr. Parasaran submitted that since all judgments on the subject were by Benches which were of lesser strength as compared to the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eading down and proportionality, could be effected to the impugned Regulations. 63. Dr. Dhawan urged that the T.M.A. Pai Foundation case (supra) resolved several issues where there was still some doubt on account of decisions rendered in different cases. Dr. Dhawan urged that it was held that the decision in the Unni Krishnan's case (supra) was wrong to the extent that "free seats" were to go to the privileged and that education was being nationalised which took over the autonomy of institutions. It was also observed that the expanding needs of education entailed a combined use of resources both of the Government and the private sector, since the imparting of education was too large a portfolio for the Government alone to manage. 64. Dr. Dhawan urged that the other issue of importance, which was also decided, was the right of autonomy of institutions which were protected under Article 30 of the Constitution, which, inter alia, included the right to admit students. It was also settled that unaided institutions were to have maximum autonomy while aided institutions were to have a lesser autonomy, but not to be treated as "departmentally run by government". 65. Dr. Dhawan submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whole map would be disfigured, and the beauty of the mosaic would be lost. 67. Referring to the separate decision rendered by Ruma Pal, J., in the T.M.A. Pai Foundation case (supra), Dr. Dhawan submitted that the learned Judge had also artistically distinguished Indian secularism from American secularism by calling Indian secularism "a salad bowl" and not a "melting pot". 68. Dr. Dhawan urged that a combined reading of the decision in Islamic Academy's case (supra) and P.A. Inamdar's case (supra) suggests that (i) no unaided institutions can be compelled to accept reservations made by the State, except by voluntary agreement; and (ii) the right to (a) admit and select students of their choice by pursuing individual or associational tests and (b) fix fees on a non-profit basis is a right available to all educational institutions, but the admissions were to be made on a fair, transparent and non exploitative method, based on merit. 69. On Article 15(5) of the Constitution, Dr. Dhawan contended that the same was included in the Constitution by the Constitution (93rd Amendment) Act, with the object of overturning the decision in P.A. Inamdar's case (supra) on voluntary reservations. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies. Dr. Dhawan submitted that the decision rendered in Preeti Srivastava's case (supra) also expressed similar views regarding laying down of standards for admission into the Post-graduate medical courses, which meant that government and universities had exclusive control over admission tests and the criteria of selection in higher education, subject to minimum standards laid down by the Union, unless Union legislation, relatable to Entry 25 of List III, was passed to override the States' endeavours in this regard. 72. Dr. Dhawan contended that the demarcation sought to be made in Lavu Narendranath's case (supra) found favour in subsequent cases, such as in the case of State of M.P. Vs. Nivedita Jain [(1981) 4 SCC 296], wherein a Bench of Three Judges took the view that Entry 66 of List I of the Seventh Schedule to the Constitution relates to "coordination and determination of standards in institutions for higher education or research and scientific and technical institutions". The said sentiments were reiterated by this Court in Ajay Kumar Singh Vs. State of Bihar [(1994) 4 SCC 401]. However, in Preeti Srivastava's case (supra), the Constitution Bench overruled the decision in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he purpose of running the medical institution, and would not include admission of students to the Under-graduate and the Post-graduate courses. Dr. Dhawan urged that the said powers could not have been extended to controlling admissions in the medical colleges and medical institutions run by the State and private authorities. Dr. Dhawan submitted that as was held by this Court in State of Karnataka Vs. H. Ganesh Kamath [(1983) 2 SCC 402], "It is a well-settled principle of interpretation of statutes that the conferment of rule-making power by an Act does not enable the rule-making authority to make a rule which travels beyond the scope of the enabling Act or which is inconsistent therewith or repugnant thereto." While accepting that delegated legislation is necessary, Dr. Dhawan urged that it must remain within the contours of the rule or regulation-making power and the purpose for which it is given, as was held by this Court in St. John's Teachers Training Institute Vs. Regional Director, National Council for Teacher Education [(2003) 3 SCC 321]. 75. Dr. Dhawan also questioned the vires of the amended provisions of the MCI Rules on the ground of unreasonableness and arbitrariness ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Regulations were liable to be struck down on such ground as well, as it sought to unlawfully curtail the powers of the persons running such medical institutions in the country. 79. Mr. P.P. Rao, learned Senior Advocate, who initially appeared for the State of Andhra Pradesh in Transferred Case No.102 of 2012, submitted that as far as the State of Andhra Pradesh is concerned, admission into educational institutions was governed by a Presidential Order dated 10th May, 1979, issued under Article 371D of the Constitution, inter alia, providing for minimum educational qualifications and conditions of eligibility for admission to the MBBS, B.Sc. Course, etc. Mr. Rao submitted that being a special provision it prevails in the State of Andhra Pradesh over other similar legislations. 80. Subsequently, Mr. L. Nageshwara Rao, learned Senior Advocate, appeared for the State of Andhra Pradesh in the said Transferred Case and also in Transferred Cases Nos.100 and 101 of 2012, 103 of 2012, Transfer Petition (C) Nos.1671 and 1645 of 2012 and Writ Petition (C) No.464 of 2012. In addition, Mr. Nageswara Rao also appeared for the State of Tamil Nadu in Transferred Case Nos.110 and 111 of 2012 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o submitted that the Notification contemplates the conducting of a common entrance test for all the dental colleges throughout India, without considering the different streams of education prevalent in India such as CBSE, ICSE, State Boards, etc., prevailing in different States. The different standards of education prevalent in different States had not been taken into consideration and in such factual background, the holding of a Single Common Entrance Test for admission to the B.D.S. and the M.D.S. courses in all the dental colleges throughout India, would lead to violation of Article 14 of the Constitution, since there is no intelligible object sought to be achieved by such amended regulations. 85. Mr. Rao also questioned the provision made by the amendment dated 15th February, 2012, to the Notification dated 21st December, 2010, reserving admission to Post-graduate Diploma Courses for Medical Officers in the Government Service, who acquired 30% marks, as being wholly unrelated to merit in the entrance examination and, therefore, making such reservation arbitrary and irrational. Mr. Rao submitted that there is no rationale in giving this benefit only to whose who are serving in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 33 of the 1956 Act, rendering them ultra vires and invalid. Mr. Venkataramani submitted that the failure of the MCI to consult the Government of Puducherry, as was required under Sections 19A and 20 of the 1956 Act, before amending the Regulations and notifying the same, rendered the same invalid. Mr. Venkataramani also reiterated the submission made earlier that there are different streams of education prevailing in different States, having different syllabi, curriculum, Board of Examinations and awarding of marks and it would be unreasonable to conduct a single examination by taking recourse to a particular stream of education which would have the effect of depriving effective participation of other students educated in different streams. 89. Mr. Venkataramani submitted that this Court had consistently held that unaided educational institutions are free to devise their own admission procedures and that the impugned Regulations were against social justice and would impinge on the rights of unaided educational institutions as well as the institutions enjoying the protection of Article 30 of the Constitution in the Union Territory of Puducherry. 90. Appearing for the Ka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ently referred to a Bench of Seven Judges in P.A. Inamdar's case (supra) where the issue was finally put to rest. 93. Mr. Venugopal firmly urged that in dealing with the issues raised in these matters, none of the decisions rendered by this Court in the past were required to be re-opened and the said issues will have to be considered and decided by this Court by merely testing their validity against the ratio of the earlier judgments, and, in particular, the decision in the T.M.A. Pai Foundation case (supra). 94. Mr. Venugopal's next submission was with regard to the provisions of the Karnataka Professional Educational Institutions (Regulation of Admission and Fixation of Fee) (Special Provisions) Act, 2011, hereinafter referred to as the "Karnataka Act of 2011", which provides for a consensual arrangement between the State Government and the Petitioner Association for filling up the seats in the unaided medical colleges being taken over by the State Government to the extent agreed upon between the parties. The said Act also regulates the fees to be charged in these private institutions. Mr. Venugopal urged that the said Act still holds the field, since its validity has not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 3A of the 1956 Act. Mr. Giri submitted that the Board of Governors, which was only an ad hoc body brought into existence to exercise the powers and perform the functions of the Council under the Act pending its reconstitution, was not competent as an Ad hoc body to exercise the delegated legislative power under Section 33 of the said Act and to discharge the functions of the Medical Council, as contemplated under Section 3 of the 1956 Act. 99. Mr. Giri urged that though Section 33 of the 1956 Act confers power on the Medical Council of India to make Regulations generally for carrying out the purposes of the Act, it also enumerates the different functions of the Council and its powers and duties which are referable to the substantial provisions of the Act itself. Learned counsel pointed out that clause (l) deals with the conduct of professional examinations, qualification of examiners and conditions of admission to such examinations. Mr. Giri urged that Sections 16 to 18 of the above Act deals with the substantive power available to the Medical Council of India to require of every University or Medical Institution information as to the courses of study and examinations and if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ituated in the State of Kerala, adopted the submissions made by the other counsel and urged that the submissions advanced, as far as medical colleges and institutions are concerned, apply equally to dental colleges, which are under the authority of the Dental Council of India and is governed by the Dentists Act, 1948. Mr. Radhakrishnan submitted that the impugned Regulations were also ultra vires the Dentists Act, 1948, Section 20 whereof empowers the Dental Council of India to prescribe conditions for admission to the courses for training of dentists and dental hygienists, but does not authorize the Dental Council of India or any agency appointed by it to conduct admission tests for selection of students for the BDS and MDS courses. Mr. Radhakrishnan also urged that the impugned Regulations which attempted to enforce NEET, were ultra vires the provisions of the Dentists Act, 1948, as also the relevant provisions of the Constitution and are, therefore, liable to be struck down. 103. Transferred Case No.8 of 2013 which arises out of Writ Petition No.5939 (M/S) of 2012, was filed by the U.P. Unaided Medical Colleges Welfare Association and Others. Appearing for the said Association, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Advocate appearing for the Petitioner, repeated and reiterated the submissions made earlier in regard to the law as laid down in the T.M.A. Pai Foundation case (supra) and in P.A. Inamdar's case (supra) and urged that the impugned Notifications had been issued in violation of the decisions rendered in the said two cases and in other subsequent cases indicating that private institutions had the right to evaluate their admission procedure based on principles of fairness, transparency and non-exploitation. Mr. Muth Raj submitted that in the absence of any consensual arrangement in the case of the Petitioner, the MCI or the Dental Council of India could not compel the Petitioner to accept the National Eligibility-cum-Entrance Test on the basis of the impugned Regulations. Learned counsel submitted that to that extent, the impugned amended Regulations and the Notifications issued to enforce the same were ultra vires Articles 14, 19(1)(g) and 26 of the Constitution and were liable to be struck down. 106. Writ Petition (Civil) No.495 of 2012 and Transfered Case No.108 of 2012 involve common questions regarding the conducting of NEET in English and Hindi in the State of Gujarat, where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uncil of India, with the previous approval of the Central Government to make Regulations, and provides that the Council may make Regulations generally to carry out the purposes of the Act, and, without prejudice to the generality of this power, such Regulations may provide for "any other matter for which under the Act provision may be made by Regulations". Mr. Gupta urged that it is the accepted position that standards of education are to be determined by the MCI. The questions which have been posed on behalf of the Petitioners in these various matters, challenging the vires of the Regulations, are whether the power of determination of standards of education includes the power to regulate the admission process and determine the admission criteria, and whether the determination of standards of education also include the power to conduct the examinations. 109. Responding to the two questions, Mr. Gupta submitted that once the 1997 Regulations were accepted by the various Medical Colleges and Institutions as being in accordance with law and the powers vested under Entry 66 of List I, the first issue stands conceded, since the 1997 Regulations prescribing the eligibility criteria for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reliance on MCI Vs. State of Karnataka [1998 (6) SCC 131], wherein it was held that it was settled law that while considering the amplitude of the entries in Schedule VII of the Constitution, the widest amplitude is to be given to the language of such Entries. Mr. Gupta urged that without prejudice to the contention that Entry 66 of List I directly permits the admission process and the examination itself being regulated and/or conducted by the MCI, even if the Entries did not directly so permit, the MCI was entitled to regulate the said functions since even matters which are not directly covered by the Entries, but are ancillary thereto, can be regulated. Mr. Gupta submitted that in Krishna Ranganath Mudholkar's case (supra), it was held that power to legislate on a subject should normally be held to extend to all ancillary or subsidiary matters, which can fairly and reasonably be said to be comprehended in that subject. Reference was also made to the decisions of this Court in Harakchand Ratanchand Banthia Vs. Union of India [(1969) 2 SCC 166]; ITC Vs. Agricultural Produce Market Committee [(2002) 9 SCC 232]; and Banarasi Dass Vs. WTO [1965 (2) SCR 355], wherein the same principl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for consultation with the Union Public Service Commission or the State Public Service Commission, held that the said requirement in the Constitution was merely directory and not mandatory. Drawing a parallel to the facts of the said case with the facts of the present set of cases, Mr. Gupta urged that the provisions of Section 19A(2) must be held to be directory and not mandatory and its non-compliance could not adversely affect the amended Regulations and the Notifications issued in pursuance thereof. Mr. Gupta submitted that before amending the Regulations, detailed interaction had been undertaken with the State Governments at various stages. Learned counsel submitted that as far back as on 14.9.2009, 5.2.2010 and 4.8.2010, letters had been written to various State Governments and the responses received were considered. There were joint meetings between the various State representatives and the other concerned parties and the concerns of most of the State Governments were fully addressed. 114. On the question of federalism and the powers of the State under Article 254 of the Constitution, Mr. Gupta contended that since the MCI derived its authority from Entry 66 of List I, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... test such as NEET. Mr. Gupta submitted that on a proper analysis of the said judgment and in particular the judgment delivered by Chief Justice Ray, (as His Lordship then was), it would be evident that even in the said judgment the right of religious and linguistic minorities to establish and administer educational institutions of the choice of the minorities had been duly recognised. Chief Justice Ray also observed that if the scope of Article 30(1) is made an extension of the right under Article 29(1) as a right to establish and administer educational institutions for giving religious instruction or for imparting education in their religious teachings or tenets, the fundamental right of minorities to establish and administer educational institutions of their choice would be taken away. It was also observed in the judgment that every section of the public, the majority as well as minority, has rights in respect of religion as contemplated in Articles 25 and 26 of the Constitution. Mr. Gupta urged that the whole object of conferring the right on minorities under Article 30 is to ensure that there would be equality between the majority and the minority. It was urged that it is for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olate their rights under Article 30(1) of the Constitution. 118. Mr. Gupta submitted that in the St. Xavier's case (supra), Justice Khanna had indicated in his separate judgment the dual tests of reasonableness and of making the institution an effective vehicle of education for the minority community and others who resort to it. Mr. Gupta submitted that NEET meets the test of reasonableness and fully assists in making the institution an effective vehicle of education, since it ensures admission for the most meritorious students and also negates any possibility of admissions being made for reasons other than merit within each category. Mr. Gupta submitted that, in fact, in paragraph 92 of the judgment, Justice Khanna had observed that "a regulation which is designed to prevent maladministration of an educational institution cannot be said to offend Clause (1) of Article 30". Mr. Gupta re-emphasized that NEET was not in any way against the rights vested in educational institutions, being run by the minorities, but it was in the interest of such minorities to have their most meritorious students in the best institutes. 119. Dealing with the various tests referred to on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pp. (2) SCR 496], wherein it was observed that the right guaranteed by Article 25 is an individual right. The said view was subsequently endorsed in Sri Sri Sri Lakshmana Yatendrulu Vs. State of A.P. [(196) 8 SCC 705]. Mr. Gupta submitted that, having regard to the above, the various associations and minorities, which had challenged the impugned Regulations, were not entitled to do so and their applications were liable to be dismissed. 121. Mr. Gupta submitted that the impugned Regulations would apply equally to "Deemed Universities", declared to be so under Section 3 of the University Grants Commission Act, 1956, hereinafter referred to as the "UGC Act", since it cannot be argued that the Deemed University will not follow any rules at all. Mr. Gupta pointed out that in the Bharati Vidyapeeth's case (supra), this Court had held that the standards prescribed by statutory authorities, such as the Medical Council of India, governed by Entry 66 of List I of the Seventh Schedule to the Constitution, must be applied, particularly when the Deemed Universities seek recognition of the medical courses taught by them, under the provisions of the 1956 Act. Mr. Gupta submitted that the Deemed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t servants serving in remote areas, Mr. Gupta said that the same had been upheld by this Court in State of M.P. Vs. Gopal D. Tirthani [(2003) 7 SCC 83]. 125. Replying to the submissions made on behalf of some of the other Petitioners and, in particular, on behalf of the Christian Medical College, Ludhiana, in Writ Petition No. 20 of 2012, Mr. Gupta urged that Section 3B of the 1956 Act empowers the Board of Governors to exercise the powers and discharge the functions of the Council and, accordingly, even if the appointment of the members of the Board of Governors was ad hoc in nature, it made no difference to their working and discharging the functions of the Council. 126. Mr. Gupta urged that private bodies and religious and linguistic minorities have a fundamental right to establish and administer medical institutions or other institutions of their choice under Articles 19(1)(g) and 30 of the Constitution, but such right was not unfettered and did not include the right to maladminister the respective institutions. Learned counsel urged that in the name of protection under Articles 25, 26 and 30 of the Constitution, an institution run by a religious or linguistic minority did no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... way, as had been explained in P.A. Inamdar's case (supra). The learned ASG submitted that NEET had been introduced in the national interest to ensure that meritorious students did not suffer the problem of appearing in multiple examinations conducted by various agencies which also resulted in different standards for admission, which had the effect of compromising merit. Mr. Luthra urged that the earlier system of multiple examinations was neither in the national interest nor in the interest of maintaining the standards of medical education, nor did it serve the interest of poor/middle class students who had to buy forms of several examinations and travel across the country to appear in multiple examinations. It was urged that any Regulation framed in the national interest must necessarily apply to all educational institutions, whether run by the majority or the minority groups. It was also urged that such a Regulation must necessarily be read into Article 30 of the Constitution. Mr. Luthra referred to the views expressed in that behalf in Paragraph 107 of the judgment in the T.M.A. Pai Foundation case (supra). The learned ASG submitted that the amended Regulations do not restrict o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtance, some of which have been considered earlier, arise out of the submissions made on behalf of the respective parties questioning the vires of the amended regulations relating to Under-graduate and Post-graduate medical education, namely, (i) The validity of the MCI Regulations and the DCI Regulations and the amendments effected therein with regard to Under-graduate and Post-graduate courses of medicine in medical and dental colleges and institutions in the light of Section 19A(2) of the Indian Medical Council Act, 1956, and the corresponding provisions in the Dentists Act, 1948. (ii) The jurisdiction and authority of the MCI and the DCI to conduct a single National Eligibility-cum-Entrance Test for admission to the M.B.B.S., B.D.S. and Post-graduate courses in both the disciplines. (iii) The rights of the States and private institutions to establish and administer educational institutions and to admit students to their M.B.B.S., B.D.S. and Post-graduate courses; (iv) The impact of NEET on the rights guaranteed to religious and linguistic minorities under Article 30 of the Constitution. (v) Do the impugned Regulations come within the ambit of Entry 66, List I, of the Seven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n stipulated that the copies of the draft Regulations and all subsequent amendments thereof are to be furnished by the Council to all the State Governments and the Council shall, before submitting the Regulations or any amendment thereof, as the case may be, to the Central Government for sanction, take into consideration the comments of any State Government received within three months from the furnishing of such copies. The said provisions do not appear to have been complied with by the MCI or the DCI, which rendered the Regulations and the amendments thereto invalid. On behalf of the MCI an attempt was made to justify the omission by urging that the directions were only directory and not mandatory. In support of such a contention reliance was placed on Manbodhan Lal Srivastava's case (supra), wherein the provisions of Article 320(3) of the Constitution providing for consultation with the Union Public Service Commission or the State Public Service Commission, were held to be directory and not mandatory. A submission was also made that before the Regulations were amended, MCI had interacted with the State Governments and letters had also been exchanged in this regard and the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the MCI is binding upon the States having been framed under Entry 66, List I of the Seventh Schedule to the Constitution. But, where does it take us as far as these cases are concerned which derive their rights and status under Articles 19(1)(g), 25, 26, 29(1) and 30 of the Constitution? Can the rights guaranteed to individuals and also religious and linguistic minorities under the said provisions of the Constitution, be interfered with by legislation and that too by way of delegated legislation? 141. The four impugned Notifications dated 21.12.2010 and 31.5.2012 make it clear, in no uncertain terms, that all admissions to the M.B.B.S. and the B.D.S. courses and their respective Post-graduate courses, shall have to be made solely on the basis of the results of the respective NEET, thereby preventing the States and their authorities and privately-run institutions from conducting any separate examination for admitting students to the courses run by them. Although, Article 19(6) of the Constitution recognizes and permits reasonable restrictions on the right guaranteed under Article 19(1)(g), the course of action adopted by the MCI and the DCI would not, in our view, qualify as a rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spective Acts. It is pursuant to such power that the MCI and the DCI has framed the Regulations of 1997, 2000 and 2007, which set the standards for maintaining excellence of medical education in India. The right of the MCI and the DCI to prescribe such standards has been duly recognised by the Courts. However, such right cannot be extended to controlling all admissions to the M.B.B.S., the B.D.S. and the Post-graduate Courses being run by different medical institutions in the country. At best, a certain degree of control may be exercised in regard to aided institutions, where on account of the funds being provided by the Government, it may have a say in the affairs of such institutions. 144. These questions have already been considered and decided in the T.M.A. Pai Foundation case (supra), wherein, it was categorically held that the right to admit students being an essential facet of the right of a private medical institution, and, in particular, minority institutions which were unaided, non-capitation fee educational institutions, so long as the process of admission to such institutions was transparent and merit was adequately taken care of, such right could not be interfered wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereby effectively taking away the right of the different medical colleges and institutions, including those run by religious and linguistic minorities, to make admissions on the basis of their own rules and procedures. Although, Mr. Gupta has contended that Section 33(l) of the 1956 Act entitles the MCI to make regulations regarding the conduct of professional examinations, the same, in our view, does not empower the MCI to actually hold the entrance examination, as has been purported to be done by the holding of the NEET. The power to frame regulations for the conduct of professional examinations is a far cry from actually holding the examinations and the two cannot be equated, as suggested by Mr. Gupta. 147. Although, the controversy has been extended to include the amendments made to the Entries in the Second and Third Lists of the Seventh Schedule to the Constitution and the deletion of Entry 11 from the State List and the introduction of Entry 25 in the Concurrent List, on behalf of the MCI it has been reiterated that the impugned Notifications and amended Regulations had been made under Entry 66 of List I by the MCI acting on its delegated authority and would, therefore, ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med. 149. Although, there is some difference of opinion as to the right to freedom of religion as guaranteed under Article 25 of the Constitution being confined only to individuals and not organizations in regard to religious activities, Article 26(a) very clearly indicates that subject to public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes. The emphasis is not on religious purposes alone, but extends to charitable purposes also, which would include the running of a hospital to provide low-cost, but efficient medical care to all, which the CMC, Vellore, and other private missionary hospitals of different denominations are doing. So long as a private institution satisfies the triple test indicated in P.A. Inamdar's case (supra), no objection can be taken to the procedure followed by it over the years in the matter of admission of students into its M.B.B.S. and Post-graduate courses in medicine and other disciplines. Except for alleging that the admission procedure was controlled by the Church, there is nothing even remotely suggestive of any form of m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to establish and administer educational institutions of their choice would include the procedure and method of admission and selection of students. While dealing with one of the five issues reformulated by the Chief Justice as to whether there can be Government regulations in case of private institutions and, if so, to what extent, it was indicated in the majority judgment that the right to establish and administer broadly comprises various rights, including the right to admit students in regard to private unaided non-minority educational institutions. It was further observed that, although, the right to establish an educational institution can be regulated, such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure (including qualified staff) and the prevention of maladministration by those in-charge of management, and that the fixing of a rigid fee structure, dictating the formation and composition of the Governing Body, compulsory nomination of teachers and staff for appointment or nominating students for admissions, would be unacceptable restrictions. 152. As far as private unaided professional colleges ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions, but such regulations could not impinge upon the minority character of the institution and a balance had to be maintained between the two objectives - that of ensuring the standard of excellence of the institution and that of preserving the right of minorities to establish and administer their educational institutions. 154. The learned Judges also approved the view taken in the St. Stephen's College case (supra) regarding the right of aided minority institutions to give preference to students of its own community for admission. Their Lordships, however, had reservations regarding the rigidity of percentage of students belonging to the minority community to be admitted. 155. While answering Question 4 as to whether the admission of students to minority educational institutions, whether aided or unaided, can be regulated by the State Government or by the University to which the institution is affiliated, the learned Judges held that admission of students to unaided minority educational institutions, namely, schools and under-graduate colleges, cannot be regulated by the State or the University concerned, except for providing the qualifications and minimum conditions of eligib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng provided in such institutions. In the case of aided institutions, it has been held that the State and other authorities may direct a certain percentage of students to be admitted other than by the method adopted by the institution. However, in cases of unaided institutions, the position is that except for laying down standards for maintaining the excellence of education, the right to admit students into the different courses could not be interfered with. In the case of aided minority institutions, it has been held that the authority giving aid has the right to insist upon the admission of a certain percentage of students not belonging to the minority community, so as to maintain the balance of Article 19(2) and Article 30(1) of the Constitution. Even with regard to unaided minority institutions, the view is that while the majority of students to be admitted should be from the minority community concerned, a certain percentage of students from other communities should also be admitted to maintain the secular character of education in the country in what has been described as a "sprinkling effect". 158. Mr. Parasaran's submissions with regard to the concept of "Rag Bag" legislati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... standard of education all over the country is not the same. Each State has its own system and pattern of education, including the medium of instruction. It cannot also be disputed that children in the metropolitan areas enjoy greater privileges than their counter-parts in most of the rural areas as far as education is concerned, and the decision of the Central Government to support a single entrance examination would perpetuate such divide in the name of giving credit to merit. In a single window competition, the disparity in educational standards in different parts of the country cannot ensure a level playing field. The practice of medicine entails something more than brilliance in academics, it requires a certain commitment to serve humanity. India has brilliant doctors of great merit, who are located mostly in urban areas and whose availability in a crisis is quite uncertain. What is required to provide health care to the general masses and particularly those in the rural areas, are committed physicians who are on hand to respond to a crisis situation. Given the large number of people who live in the villages in difficult conditions, the country today has more need of such doct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al education in India. The role assigned to the MCI under Sections 10A and 19A(1) of the 1956 Act vindicates such a conclusion. 162. As an off-shoot of the above, we also have no hesitation in holding that the Medical Council of India is not empowered under the 1956 Act to actually conduct the NEET. 163. The Transferred Cases and the Writ Petitions are, therefore, allowed and the impugned Notifications Nos. MCI-31(1)/2010-MED/49068, and MCI.18(1)/2010-MED/49070, both dated 21st December, 2010, published by the Medical Council of India along with Notification Nos. DE-22-2012 dated 31st May, 2012, published by the Dental Council of India and the amended Regulations sought to be implemented thereunder along with Notification Nos. DE-22-2012 dated 31st May, 2012, published by the Dental Council of India, are hereby quashed. This will not, however, invalidate actions so far taken under the amended Regulations, including the admissions already given on the basis of the NEET conducted by the Medical Council of India, the Dental Council of India and other private medical institutions, and the same shall be valid for all purposes. 164. Having regard to the nature of the cases decided by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he students aspiring to study medicine to have a common examination in the nature of the NEET. 5. Sections 19A and 20 of the Act, which have been reproduced in the judgment delivered by the learned Chief Justice, permit the MCI to prescribe the minimum standards of medical education. Section 33 of the Act also empowers the MCI to make regulations to carry out the purposes of the Act. Thus, the said provisions enable the MCI to regulate the system of medical education throughout the country. 6. Let me first of all consider the scope of the aforestated sections and the provisions of the Act in relation to the regulation of the standards of education to be imparted in medical colleges. It is a matter of sound common sense that to have doctors well versed in the subject of medicine and having proficiency in their field, we should have suitable and deserving students who should be imparted good medical education and there should be strict supervision over the education system so as to see that the students who are not up to the mark or are not having the highest standards of education are not declared successful at the examinations. 7. To achieve the afore stated ideal, the system sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n one thinks of manufacturing an article, the manufacturer is conscious about the quality of the input and he would invariably select the best input i.e. such raw material so as to make his final product excellent. Principle is not different in the field of education. If an educational institution wants an excellent output in the nature of a well-trained, well educated, well groomed professional, the institution must see that suitable and deserving students having an aptitude for becoming good doctors are admitted to the medical college. If among all good students, there are students who are not up to the mark, who are lagging behind in their studies, who are weak in studies, it would not be possible to educate or groom such students effectively and efficiently. A weak student may lag behind due to his lower level of grasping or education or training. In the circumstances, it becomes the duty of the regulating authority to see that quality of the students at the stage of admission is thoroughly examined and only deserving and suitable students are given admission to the medical colleges so as to make them suitable members of a noble profession upon completion of their studies. So a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted and implemented. 11. Furthermore, centralization of the selection process under holding the NEET would help the students to appear at the examination from any corner of our nation. The result of the examination would be published at the same time on one particular day and with the same standard. There would not be any problem with regard to equalizing marks and merits of different students passing different examinations from different regions or states or universities or colleges. The process of selection would be equal, fair, just and transparent. All the students would be in a position to compete from a common platform and the test will have credibility in the eyes of the students and the society. There are number of professional institutions which are having only one professional examination and there are some institutions which also have one common entrance test which would decide competence and capability of a student for being admitted to the professional course and the system which is followed by them for years is quite satisfactory and successful. The students would be benefited because they will not have to appear at different places on different days at different ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be groomed in normal circumstances as good physicians or doctors or dentists. The term 'regulate' would normally mean to control something by means of rules or by exercise of control over a system. It is an admitted fact that one of the functions of these apex bodies of the professionals is to regulate the system of education. In my opinion, we cannot put any fetter on the system introduced by these bodies, whereby they try to control entry of weak or undeserving or less competent students to the institutes where medical education is imparted. Thus, in my opinion, the MCI and the DCI are competent to exercise their right to regulate the education system under the provisions of the Act and under the provisions of the Dentists Act, 1948, which permit them to determine the standard of students who are to be admitted to these professional courses. 16. Hence, I am of the view that the MCI and the DCI are entitled to regulate the admission procedure by virtue of the provisions of their respective Acts, which enable them to regulate and supervise the overall professional standards. 17. I have now to see whether the legal provisions which permit the aforestated apex bodies to conduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apex professional bodies should be permitted to conduct examinations in the nature of the NEET. Regulations made under the Act and the Dentists Act, 1948 must be treated as part of the Act and therefore, conducting the NEET cannot be said to be illegal. Submissions were made by the learned counsel for the petitioners that as copies of the draft Regulations, as required under Section 19A of the Act, were not forwarded to the State Governments, the said Regulations cannot be acted upon. The said submission is of no importance for the reason that I am in agreement with the submission of the learned counsel appearing for the MCI that the said provision is not mandatory and therefore, non-supply of the draft regulations would not adversely affect the validity of the Regulations and the NEET. It also appears from the language used in Section 19A of the Act that the said provision with regard to furnishing copies of the draft regulations to all the State Governments is not mandatory and any defect in the said procedure would not vitiate validity of the Regulations or action taken in pursuance of the Regulations. 19. Similar question with regard to having a common test had arisen for adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en a professional who has passed his professional examination at the first or second trial and the one who has passed examination after several trials. Be that as it may, it is for the apex body of the professionals to decide as to what type of students should undergo the professional training. The function with regard to regulating educational activity would be within the domain of the professional bodies and their decision must be respected so as to see that the society gets well groomed bright physicians and dentists. Thus, in my opinion, the introduction of the NEET would not violate the right guaranteed to the petitioners under the provisions of Article 19(1)(g) of the Constitution of India. 21. So far as the rights guaranteed to the petitioners under the provisions of Articles 25, 26, 29 and 30 are concerned, in my opinion, none of the rights guaranteed under the aforestated Articles would be violated by permitting the NEET. It is always open to the petitioners to select a student subject to his being qualified by passing the examination conducted by the highest professional body. This is to assure that the students who are to undergo the professional training are suitable f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , without making any effort for selecting them. 23. For the reasons recorded hereinabove, in my opinion, it cannot be said that introduction of the NEET would either violate any of the fundamental or legal rights of the petitioners or even adversely affect the medical profession. In my opinion, introduction of the NEET would ensure more transparency and less hardship to the students eager to join the medical profession. Let us see the consequence, if the apex bodies of medical profession are not permitted to conduct the NEET. A student, who is good at studies and is keen to join the medical profession, will have to visit several different States to appear at different examinations held by different medical colleges or institutes so as to ensure that he gets admission somewhere. If he appears only in one examination conducted by a particular University in a particular State and if he fails there, he would not stand a chance to get medical education at any other place. The NEET will facilitate all students desirous of joining the medical profession because the students will have to appear only at one examination and on the basis of the result of the NEET, if he is found suitable, he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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