Case Note & Summary
The petitioners, medical officers employed by the Government of Maharashtra, applied for admission to postgraduate medical courses for the academic year 2013-2014 as in-service candidates. They appeared for the National Eligibility-cum-Entrance Test (NEET) conducted by the National Board of Examinations. However, the Supreme Court in Christian Medical College Vellore v. Union of India (decided on 18 July 2013) struck down the regulations introducing NEET as ultra vires the Constitution, holding that the Medical Council of India lacked the power to conduct such a test and that it infringed upon the right of institutions to administer admissions. The Supreme Court, however, directed that actions already taken under the NEET regulations, including admissions granted, would remain valid. Following this judgment, the State of Maharashtra decided to conduct a separate entrance test for in-service candidates, effectively disregarding the NEET scores. The petitioners challenged this decision, arguing that they had already taken NEET and should not be forced to appear for another test. The Bombay High Court allowed the petition, holding that the Supreme Court's direction to validate past actions applied to the NEET PG 2013 examination. The court directed that admissions for in-service candidates be made on the basis of their NEET scores, and that the State could not conduct a separate test for them. The court emphasized that the petitioners had acted in good faith and should not be prejudiced by the subsequent invalidation of the regulations.
Headnote
A) Medical Education - NEET PG Admissions - Validity of NEET Scores - Indian Medical Council Act, 1956 - Postgraduate Medical Education Regulations - The Supreme Court in Christian Medical College Vellore held NEET regulations ultra vires but directed that actions taken under them, including admissions based on NEET, shall remain valid. The Bombay High Court applied this principle to in-service candidates who had appeared for NEET PG 2013, holding that they cannot be denied the benefit of their NEET scores for admission to postgraduate medical courses. (Paras 3-5) B) Medical Education - In-Service Quota - Separate Entrance Test - The State Government's decision to conduct a separate entrance test for in-service candidates after the NEET regulations were struck down was held to be impermissible as it would deprive candidates who had already taken NEET of the benefit of their scores. The court directed that admissions for in-service candidates be made on the basis of NEET scores already obtained. (Paras 6-8) C) Constitutional Law - Prospective Overruling - Non-Invalidation of Past Actions - The Supreme Court's direction that actions taken under the NEET regulations shall not be invalidated applies to all admissions and actions based on NEET, including the NEET PG 2013 examination. The Bombay High Court held that this principle must be given full effect to protect the rights of candidates who acted on the basis of the NEET. (Paras 3-5)
Issue of Consideration
Whether in-service medical officers who appeared for NEET PG 2013 can be denied admission based on NEET scores after the Supreme Court struck down the NEET regulations, and whether the State can conduct its own separate entrance test for in-service candidates.
Final Decision
The Bombay High Court allowed the writ petition and directed that admissions for in-service candidates to postgraduate medical courses be made on the basis of their NEET scores. The State was restrained from conducting a separate entrance test for in-service candidates for the academic year 2013-2014.
Law Points
- Validity of NEET scores for PG admissions
- In-service candidate quota
- Prospective effect of Supreme Court judgment
- Non-invalidation of past actions
