Now Open School students eligible for MBBS entrance exam- Open schools recognized by CBSE and State Education Boards shall be recognized by NMC for NEET: SC
New Delhi: Now all the candidates who have passed their 10+2 exam from open schools will be eligible to appear in the National Eligibility-cum-Entrance Test (NEET) as the Supreme Court has recently observed that all the open schools recognized by the Central Board of Secondary Education (CBSE) and the State Education Board shall now be recognized by the National Medical Commission (NMC) for the entrance test for admission to undergraduate medical courses.
Previously, such candidates were barred from appearing in NEET exam under Regulation 4(2)(a) of the Medical Council of India Regulations on Graduate Medical Education, 1997.
After the 2017 amendment, Regulation 4(2)(a), which stipulated the eligibility criteria had a proviso clause stating "…two years of regular and continuous study of Physics, Chemistry, Biology/Biotechnology taken together shall be required at 10+2 level for all the candidates. Candidates who have passed 10+2 from Open Schools or as Private candidates shall not be eligible to appear for National Eligibility-cum-Entrance Test."
Back in 2018, the Delhi High Court bench had struck down this provision as it defined it to be unconstitutional. It was noted by the HC bench of Justices Sanjiv Khanna and Chander Shekhar that the Medical Council had proceeded the assumption that the students/candidates who do not attend regular schools, because of financial hardship and social reasons, are inferior and less deserving and turn-downs.
At that time, the HC bench had stated in its order that such presumptions must be resoundingly rejected as contrary to the constitutional ethos and would violate both Article 14 and right to opportunity to acquire professional degree.
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Challenging this decision, the erstwhile Medical Council of India (MCI), now National Medical Commission (NMC) filed the appeal before the Supreme Court bench.
As per the latest media report by Live Law, the matter was placed for consideration before the Apex Court bench comprising Justices PS Narasimha and Aravind Kumar. During the case proceedings, the counsel for the respondent informed the Division bench of the letter dated 02.11.2023 addressed by the Under Graduate Medical Education Board (UGMEB) of NMC.
In the said letter, NMC UG Board conveyed that "that all open schools recognized by Central Board of Secondary Education (CBSE) and State Education Board shall be considered for recognition by National Medical Commission (NMC) for the purpose of NEET."
Apart from this, reliance was placed also on a public notice issued by the UGMEB on the same date. According to the concerned notice, NMC has framed the Graduate Medical Education Regulations, 2023 and it was notified on 02.06.2023.
Medical Dialogues had earlier reported that according to the GMER 2023 and the clarification issued by NMC letter,
"No aspirant shall be allowed to take NEET-UG
a. unless he has completed the age of 17 years as on or before 31st December of the year that the candidate shall be appearing for NEET- UG examination; and
b. Has passed 10 +2 (or equivalent) with subjects of Physics, Chemistry Biology/ Biotechnology and English."
Therefore, considering the new regulations, the earlier 1997 regulations were repealed prospectively. Further, NMC had mentioned in the public notice, "In the meanwhile, the National Medical Commission has framed the Graduate Medical Education Regulations, 2023 as notified on 02.06.2023. Regulation 11(b) provides that candidates who have passed 10+2 or its equivalent with the subjects of Physics, Chemistry, Biology/Biotechnology & English shall be eligible for appearing in NEET-UG. Therefore, after the framing of Graduate Medical Education Regulation, 2023 the earlier Regulations on Graduate Medical Education, 1997 including the various amendments stand repealed prospectively."
Taking note of these developments, the Apex Court bench disposed of the MCI appeal and recorded in its order, "In view of the above referred letter and Public Notice, it is clear that open schools recognized by CBSE and State Education Boards shall be recognized by the National Medical Council for the purpose of taking the NEET Examination."
Last year, the Apex Court bench granted relief to a similar candidate, who cleared the Class 12 exam as a private student, by allowing the student to get admitted to the MBBS course after the NEET counselling.
The Supreme Court bench of Justices PS Narasimha and Sudhanshu Dhulia passed this order after taking the submission of the National Medical Commission (NMC) into consideration. NMC informed the Apex Court that as per the recently notified Graduate Medical Education Regulations (GMER) 2023, private students will be eligible to appear in the NEET examination.
