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"Institutional Preference" In PG Medical Courses Permissible Even After Introduction Of NEET
02 Nov 2019 05:02 pm
The Supreme Court has observed that "Institutional Preference" in the Post Graduate Medical Courses is permissible even after the introduction of the NEET Scheme.
The bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai observed that the Institutional Preference to the extent of 50% has been approved by the Supreme Court in various judgments.
The issue considered in Yatinkumar Jasubhai Patel vs. State of Gujarat was whether after the introduction of the NEET Scheme, still the "Institutional Preference" in the Post Graduate Medical Courses would be permissible? The contention raised in the case was that, in view of the introduction of the NEET Scheme and in view of Section 10D of the Medical Council of India Act, by which admissions are to be given on the basis of the merit in the NEET, such an "Institutional Preference" would not be permissible. In this case, "Institutional Preference" – giving preference to the candidates graduating from Gujarat University was challenged.
The Court noted that right from 1971 onwards till 2017, consistently the Supreme Court has approved and/or permitted the "Institutional Preference" in the Post Graduate Medical Courses. It further held that the introduction of the NEET has, as such, nothing to do with any preference/Institutional Preference, more particularly the "Institutional Preference". The purpose and object of the introduction of the NEET was to conduct a uniform entrance examination for all medical educational institutions at the under-graduate level or postgraduate level and admissions at the under-graduate level and post-graduate level are to be given solely on the basis of the merits and/or marks obtained in the NEET examination only, the bench added.
Yatin Kumar Jasubhai Patel and others vs. State of Gujarat and Ors.
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