Students who have applied for or appeared in NEET-I can appear in NEET-II subject to condition

Supreme Court: The 3-judge bench of A.R. Dave, Shiva Kirti Singh and A.K. Goel, JJ cleared the air over the much debated topic as to the hardship to the students who have either applied for NEET-I but could not appear or who appeared but could not prepare fully thinking that the preparation was to be only for 15% All India seats and there will be further opportunity to appear in other examinations. The Court said that all such eligible candidates who could not appear in NEET-I and those who had appeared but have apprehension that they had not prepared well, can be permitted to appear in NEET-II, subject to seeking an option from the said candidates to give up their candidature for NEET-I. The Court also said that the date of the NEET-II can be rescheduled, if necessary.

Regarding the State Government’s power to legislate on matters relating to admission, the Court referred to the Constitution Bench’s judgment dated 02.05.2016, where it was held that the admission involved two aspects. First, the adoption of setting up of minimum standards of education and coordination of such standards which aspect was covered exclusively by Entry 66 of List I. The second aspect is with regard to implementation of the said standards which was covered by Entry 25 of List III. On the said aspect, the State could also legislate. The two entries overlap to some extent and to that extent Entry 66 of List I prevailed over the subject covered by Entry 25.

The Court further said that the Oversight Committee appointed by this Court vide the aforementioned judgment dated 02.05.2016 shall also oversee the NEET-II examination to be conducted by the CBSE. [MEDICAL & DENTAL COLLEGE v. Union of India, 2016 SCC OnLine SC 480, decided on 09.05.2016]

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