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New Delhi: In a landmark decision, the Supreme Court of India has overturned a longstanding regulation that previously barred candidates from open schools from appearing in the National Eligibility-cum-Entrance Test (NEET) for undergraduate medical courses. This ruling, which marks a significant victory for students across the country, comes after a prolonged legal battle challenging the discriminatory practice.
The ruling comes after a detailed examination of Regulation 4(2)(a) of the Medical Council of India Regulations on Graduate Medical Education, 1997, which previously excluded candidates from open schools or those appearing as private candidates from participating in NEET-UG. The regulation was challenged in 2013 before the Delhi High Court, which struck it down, citing constitutional violations of Article 14 and the right to equal opportunity.
Responding to the appeal filed by the erstwhile Medical Council of India (MCI), now the National Medical Commission (NMC), the Supreme Court bench comprising Justices PS Narasimha and Aravind Kumar deliberated on the matter. The court considered evidence presented by the Under Graduate Medical Education Board of NMC, which affirmed that open schools recognized by the Central Board of Secondary Education (CBSE) and state education boards would be acknowledged for NEET purposes.
Moreover, the court took into account the provisions of the Graduate Medical Education Regulations, 2023, framed by the NMC, which repealed the earlier regulations prospectively. Regulation 11(b) of the new framework explicitly extends eligibility to candidates who have passed 10+2 or its equivalent with the requisite subjects, thereby removing barriers for candidates from open schools.
With this ruling, the Supreme Court has paved the way for candidates from open schools to participate in NEET-UG, ensuring equitable access to medical education opportunities. The decision aligns with the principles of fairness and inclusivity, enabling students from diverse educational backgrounds to pursue their aspirations in the medical field.
Last year, the Supreme Court granted relief to a similar candidate who had cleared the Class 12 exam as a private student, allowing the student to enroll in the MBBS course after NEET counseling. The decision reflects a progressive stance by the judiciary in promoting equal opportunities and dismantling barriers to education in the medical domain.
