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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
T.C.(C) NO.98 OF 2012
CHRISTIAN MEDICAL COLLEGE
VELLORE & ORS ...Petitioners
VERSUS
UNION OF INDIA AND ORS. ...Respondents
WITH T.C.(C) NO.99/2012
T.C.(C) NO.101/2012
T.C.(C) NO.100/2012
T.C.(C) NO.102/2012
T.C.(C) NO.103/2012
W.P.(C) NO.480/2012
T.C.(C) NO.104/2012
T.C.(C) NO.105/2012
W.P.(C) NO.468/2012
W.P.(C) NO.467/2012
W.P.(C) NO.478/2012
T.C.(C) NO.107/2012
T.C.(C) NO.108/2012
W.P.(C) NO.481/2012
W.P.(C) NO.464/2012
T.C.(C) NO.110/2012
T.C.(C) NOS.132-134/2012
T.C.(C) NOS.117-118/2012
T.C.(C) NOS.115-116/2012
T.C.(C) NOS.125-127/2012
T.C.(C) NOS.113-114/2012
T.C.(C) NOS.128-130/2012Page 2
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T.C.(C) NOS.121-122/2012
T.C.(C) NO.112/2012
T.C.(C) NO.131/2012
T.C.(C) NOS.123-124/2012
T.C.(C) NO.111/2012
T.C.(C) NO.120/2012
T.C.(C) NO.119/2012
T.C.(C) NOS.135-137/2012
T.C.(C) NOS.138-139/2012
W.P.(C) NO.495/2012
W.P.(C) NO.511/2012
W.P.(C) NO.512/2012
W.P.(C) NO.514/2012
W.P.(C) NO.516/2012
W.P.(C) NO.519/2012
W.P.(C) NO.535/2012
T.C.(C) NO.142/2012 @ T.P.(C) NO.364/2012
W.P.(C) NO.544/2012
W.P.(C) NO.546/2012
W.P.(C) NO.547/2012
T.C.(C) NO.144/2012 @ T.P.(C) NO.1524/2012 &
1447/2012
T.C.(C) NO.145/2012
T.C.(C) NO.1/2013 @ T.P.(C) NO.1527/2012
T.C.(C) NOS.14-15/2013 @ T.P.(C) NOS.1672-1673/2012
T.C.(C) NO.76/2013 @ T.P.(C) NO.1702/2012
T.C.(C) NO.12-13/2013
T.C.(C) NO.4/2013
T.C.(C) NO.11/2013
T.C.(C) NOS.21-22/2013 @ T.P.(C) NO.1714-1715/2012
T.C.(C) NO.5/2013 @ T.P.(C) NO.1718/2012
W.P.(C) NO.2/2013
W.P.(C) NO.1/2013
T.C.(C) NO.60/2013 @ T.P.(C) NO.12/2013
W.P.(C) NO.13/2013
W.P.(C) NO.15/2013
W.P.(C) NO.16/2013Page 3
3
W.P.(C) NO.20/2013
T.C.(C) NO....../2013 @ T.P.(C) NO.31/2013
T.C.(C) NO.2/2013 @ T.P.(C) NO.1532/2012
T.C.(C) NO.8/2013
T.C.(C) NO.3/2013 @ T.P.(C) NO.1533/2012
W.P.(C) NO.24/2013
T.C.(C) NO.9/2013
T.C.(C) NO.17/2013 @ T.P.(C) NO.1588/2012
W.P.(C) NO.483/2012
W.P.(C) NO.501/2012
W.P.(C) NO.502/2012
W.P.(C) NO.504/2012
W.P.(C) NO.507/2012
T.C.(C) NO.10/2013
T.C.(C) NO.7/2013 @ T.P.(C) NO.1644/2012
T.C.(C) NO.18/2013 @ T.P.(C) NO.1645/2012
T.C.(C) NO.75/2013 @ T.P.(C) NO.1647/2012
T.C.(C) NO.19/2013 @ T.P.(C) NO.1653/2012
T.C.(C) NO.20/2013 @ T.P.(C) NO.1654/2012
T.C.(C) NO.59/2013 @ T.P.(C) NO.1656/2012
T.C.(C) NO.53/2013 @ T.P.(C) NO.1658/2012
T.C.(C) NO.25/2013 @ T.P.(C) NO.1671/2012
T.C.(C) NO.23-24/2013 @ T.P.(C) NO.1697-1698/2012
T.C.(C) NO.58/2013 @ T.P.(C) NO.1/2013
W.P.(C) NO.27/2013
T.C.(C) NO.72/2013 @ T.P.(C) NO.58/2013
T.C.(C) NO.16/2013
T.C.(C) NO.61/2013
T.C.(C) NO.73/2013 @ T.P.(C) NO.75/2013
T.C.(C) NO....../2013 @ T.P.(C) NO.79/2013
T.C.(C) NO.62/2013
W.P.(C) NO.47/2013
T.C.(C) NO.28-29/2013
T.C.(C) NO.30/2013
T.C.(C) NO.31-32/2013
T.C.(C) NO.33-36/2013
T.C.(C) NO.37-38/2013Page 4
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T.C.(C) NO.39/2013
T.C.(C) NO.40/2013
T.C.(C) NO.41/2013
T.C.(C) NO.42/2013
T.C.(C) NO.43/2013
T.C.(C) NO.44/2013
T.C.(C) NO.45/2013
T.C.(C) NO.46/2013
T.C.(C) NO.47/2013
T.C.(C) NO.48/2013
T.C.(C) NO.49/2013
W.P.(C) NO.66/2013
W.P.(C) NO.76/2013
W.P.(C) NO.74/2013
T.C.(C) NOS.63-65/2013
T.C.(C) NOS.66-69/2013
T.C.(C) NOS.70-71/2013
W.P.(C) NO.41/2013
W.P.(C) NO.228/2013
O R D E R
ALTAMAS KABIR, CJI.
1. In all these 115 matters, which include writ
petitions filed in this Court and in different High
Courts, which have been transferred to this Court
for decision, the subject matter of challenge is a
notification published on 27th December, 2010,
being No. MCI-81(1)/2010-MED/49070 dated 21stPage 5
5
December, 2010, issued by the Medical Council of
India, notifying a National Eligibility Entrance
Test (NEET) for admission to Post-Graduate Medical
Courses conducted in colleges all across the
country.
2. The challenge to the said notification gave
rise to a wide range of submissions involving the
competence of the Medical Council of India,
constituted under Section 3 of the Indian Medical
Council Act, 1956, to introduce such a test which
denudes the different medical colleges across the
country from having any control over their entrance
examinations and admissions on the basis thereof.
3. On 13th December, 2012, when the matters were
taken up for consideration, we decided to post the
matters for final hearing on 15th, 16th and 17th
January, 2013, and allowed the respective entrance
examinations, which had already been notified, toPage 6
6
be held, while the hearing progressed. Such
examinations included the National Eligibility
Entrance Test(NEET) for both MBBS and Post-Graduate
courses in different disciplines, as also the BDS
and MDS examinations. Presuming that the hearing
would be completed on the dates indicated, we had
directed that the Medical Council of India, the
Dental Council of India, as well as the States and
Universities and other institutions, would be
entitled to conduct their respective examinations
for the MBBS, BDS and Post-Graduate courses, but
the results of the examinations were not to be
declared until further orders of the Court.
Consequently, although, the examinations have been
held, the results have been withheld and have not
been declared, on account of the interim order
passed by us.
4. The hearing could not be concluded within 17th
January, 2013, as we had hoped, on account of thePage 7
7
enlargement of the scope of the hearing and the
large number of parties who had to be heard in the
matter. In fact, the matters were last heard on
30th April, 2013, and it has, therefore, not been
possible to pronounce judgment before the Supreme
Court closed for the summer vacations on 10th May,
2013.
5. While the matters were being heard, we had been
informed by the learned senior counsel appearing
for the Christian Medical College, Vellore, and the
Karnataka Pvt. Medical & Dental College, that a
large number of students would be adversely
affected and would stand to lose a year, if the bar
on the declaration of their results was not lifted.
Although, initially, we had declined to entertain
such prayer, on account of the delay in completion
of the hearing and the prospect of the students
losing a year on account thereof, we feel that
students hoping to gain admission in the MBBS as
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well as Post-Graduate courses on the strength of
the results of the examinations, which have already
been held and for which they had appeared, should
not be denied such opportunity, at least for this
year. We are also alive to the fact that it is the
Post-Graduate students in the medical colleges, who
take charge of the medical treatment of patients in
the hospitals. Without fresh entrants into the
Post-Graduate courses, even for a year, the
hospitals are likely to be adversely affected on
account of lack of doctors to directly take care of
the patients in the hospitals.
6. Apart from the above, the students, who aspire
to gain entry into the medical colleges at the MBBS
and BDS and the Post-Graduate levels, have been
caught in the legal tangle for no fault of theirs
and are the victims of policy decisions. In order
to safeguard their interests, as also the interest
of the hospitals, we consider it just and equitable
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to lift the bar imposed by us on 13th December,
2012, for this year's entrance examinations and, to
that extent, we modify our order of 13th December,
2012, and allow the results of the examinations
already conducted to be declared to enable the
students to take advantage of the same for the
current year.
...................CJI.
(ALTAMAS KABIR)
.....................J.
(ANIL R. DAVE)
.....................J.
(VIKRAMAJIT SEN)
New Delhi
Dated: May 13, 2013.
