Only candidates with Physics, Chemistry, Biology, English in 10+2 eligible for NEET: NMC tells Supreme Court

Such a clarification came from the apex medical regulator while referring to the Code 2 in the NEET Brochure, which clearly says, "The Higher/Senior Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher/Senior Secondary Examination after a period of 12 years study, the last two years of such study comprising of Physics, Chemistry, Biology/Bio-technology (which shall include practical tests in these subjects) and Mathematics or any other elective subject with English at a level not less than the core course for English as prescribed by the National Council of Educational Research and Training after the introduction of the 10+2+3 educational structure as recommended by the National Committee on Education."

The Supreme Court bench comprising of Justices L. Nageswara Rao and B.R. Gavai was considering the question if the candidates who cleared 10+2 as private students were eligible for MBBS admission.

Medical Dialogues had earlier reported that the top court had asked NMC to clarify if NEET-UG candidates who cleared their 10+2 as private students and were willing to get admitted to the MBBS course needed to submit separate marksheet for class XI.

Filed through Advocate Shashi Khan, the plea had pointed out that there was no direction to upload separate marksheet of class XI in several states including Uttarakhand, Himachal Pradesh, Rajasthan, Assam, and Maharashtra.

Also Read: Can Private Students clearing 10+2 appear for NEET Counselling? Supreme Court asks NMC

As per the latest media report by Live Law, during the hearing of the case on Wednesday, the Advocate Gaurav Sharma, the counsel for NMC submitted that the requirement for submitting separate class XI marksheet was not during the counselling but it was necessary for verification during the time of admission so that it can be confirmed if the student has undergone study for Class XI course.

"Milord, the requirement of giving 11th marksheet is not there at the time of counselling. Anybody who has not passed 11, they are not allowing them to continue. Because documents are verified at the time of admission," submitted the counsel.

Referring to the submission by the petitioner's counsel, the bench pointed out, "He is saying that the other states are permitting. He has shown some papers for Himachal Pradesh."

However, responding to this, NMC's counsel claimed that even HP has a requirement.

He also referred to the fact that even though the Delhi HC, while considering the eligibility criteria for NEET-UG, had struck down the exclusion of students undergoing education from open school as private students, it had not denied the requirement for completing 10+2 courses.

"I have a new submission as per the brochure, even after the struck down of proviso they are not eligible to sit in the NEET. I have the affidavit filed by National Open School before the Delhi High Court where they had said that there is a requirement of two years of study for these type of education," submitted the counsel for NMC.

Seeking clarity regarding the matter, the bench was quoted saying, "What do you mean by two years of education. Do they have to complete 2 years course or do they have to write examinations for 11th as well as 12th?"

When the NMC responded by saying that the students need to study for two years- both 11^th and 12^th, the bench asked the NMC's counsel if the petitioner students had not studied for two years.

Responding to this, it was submitted on the behalf of NMC that as per the list of dates the petitioner has not passed 11^th standard.

"That is not clear. In the list of dates they have said that they have not passed 11. They have done their 10th in the year 2013 and 2016 and thereafter there is no submission as to what they were doing," he submitted.

At this outset, the bench pointed out that several states have done away for the mandatory class 11 examination and asked the NMC if his concern was that the petitioner had not studied for two years or they didn't appear for class 11 exam.

Then the clarification came from the NMC regarding the matter. Live Law adds that the counsel for NMC submitted at this juncture that the petitioner student had not studied Physics, Chemistry, Biology and English for two years, which is the requirement to meet eligibility criteria.

He also referred to the Code 2 of the NEET Brochure along with the Brochures issued by different states.

As per Code 2 of the NEET Brochure, "The Higher/Senior Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher/Senior Secondary Examination after a period of 12 years study, the last two years of such study comprising of Physics, Chemistry, Biology/Bio-technology (which shall include practical tests in these subjects) and Mathematics or any other elective subject with English at a level not less than the core course for English as prescribed by the National Council of Educational Research and Training after the introduction of the 10+2+3 educational structure as recommended by the National Committee on Education. Candidates who have passed 10+2 from Open School or as private candidates shall not be eligible to appear for the 'National Eligibility Cum Entrance Test'. Furthermore a study of Biology/Biotechnology as an Additional Subject at 10+2 level also shall not be permissible."

Responding to this submission, the counsel for the petitioner student claimed that the submission that the petitioner had not studied for two years' course and she had not studied the requisite subjects to be incorrect.

He pointed out that the issue concerned the rule of Madhya Pradesh in insisting for submission of class 11 marksheet.

"The problem is that there is only one examination that is for class 12. That is why the maksheet is only issued for class 12," submitted the counsel appearing on the behalf of the student.

At this outset, the bench referred to the list of dates which didn't clarify if the petitioner student had appear for the Class 11 course and had completed the two years course.

"Kindly see that the course is 2 years. They have studied for two years. That is why they have passed the examination. That is why Class 12 marksheet have been issued," the counsel for the student submitted at this outset.

However, insisting on the requirement for undergoing study for class 11, the counsel for NMC requested the court to direct the petitioner to clarify regarding the matter.

"Let them clarify that if they have studied 11th, they are eligible. If not then they are ineligible," submitted the counsel.

Taking note of these submissions, the bench opined that there were some confusion regarding the issue. It pointed out that if a student undergoes Class 11 course, there must be some formalities to fulfill. Even though the petitioner's counsel vehemently submitted that the petitioner had undergone the Class 11 course, the counsel has not filed any material to show the same.

"There is a gap between what you are saying. There will be a course and an examination conducted by schools. A formality will be gone through. Some better institutions also fail students in 11th. No material has been filed to show that you have undergone the course. We will hear the matter with other matters," noted the top court bench.