CHRISTIAN MEDICAL COLLEGE VELLORE & ORS v. UNION OF INDIA AND ORS.

Even with regard to aided minority educational institutions it A was indicated that such institutions would also have the same right to admit students belonging to their community, but, at the same time, it should also admit a reasonable number of non- minority students which has been referred to as the "sprinkling effect" in the Kera/a Education Bill case (supra). B

145Copy pinpoint145. The rights of private individuals to establish and administer educational institutions under Article 19(1 )(g) of the Constitution are now well·established and do not require further elucidation. The rights of unaided and aided religious and linguistic minorities to establish and administer educational institutions of their choice under Article 19(1)(g), read with Articl~ 30 of the Constitution, have come to be crystalised in the various decisions of this Court referred to hereinabove, which have settled the law that the right to admit students in the different educational and medical institutions is an integral part of the right to administer and cannot be interfered with except in cases of maladministration or lack of transparency. The impugned Regulations, which are in the nature of delegated legislation, will have to make way for the Constitutional provisions. The freedom and rights guaranteed under Articles E 19(1)(g), 25, 26 and 30 of the Constitution to all citizens to practise any trade or profession and to religious minorities to freedom of conscience and the right freely to profess, practise and propagate religion, subject to public order, morality and health and to the other provisions of Part Ill of the Constitution, F and further to maintain institutions for religious and charitable purposes as guaranteed under Articles 25 and 26 of the Constitution, read with the rights guaranteed under Article 30 of the Constitution, are also well-established by various pronouncements of this Court. Over and above the aforesaid G freedoms and rights is the right of citizens having a distinct language, script or culture of their own, to conserve the same under Article 29(1) of the Constitution.

146Copy pinpoint146. Nowhere in the 1956 Act nor in the MCI Regulations, H

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A has the Council been vested with any authority to either conduct examinations or to direct that all admissions into different medical colleges and institutions in India would have to be on the basis of one common National Eligibility-cum-Entrance Test, thereby effectively taking away the right of the different medical B colleges and institutions, including those run by religious and linguistic minorities, to make admissions on the basis of their own rules and procedures. Although, Mr. Gupta has contended that Section 33(1) of the 1956 Act entitles the MCI to make regulations regarding the conduct of professional examinations, c the same, in our view, does not empower the MCI to actually hold the entrance examination, as has been purported to be done by the holding of the NEET. The power to frame regulations for the conduct of professional examination§ is a far cry from actually holding the examinations and the two cannot be equated, as suggested by Mr. Gupta. 0

147Copy pinpoint147. Although, the controversy has been extended to include the amendments made to the Entries in the Second and Third Lists of the Seventh Schedule to the Constitution and the deletion of Entry 11 from the State List and the introduction E of Entry 25 in the Concurrent List, on behalf of the MCI it has been reiterated that the impugned Notifications and amended Regulations had been made under Entry 66 of List I by the MCI acting on its delegated authority and would, therefore, have an overriding effect over any State law on the subject. F As already indicated hereinbefore, the right of the MCI to frame Regulations under Entry 66, List I, does not take us anywhere, since the freedoms and righ.ts sought to be enforced by the Petitioners flow from Articles 19(1 )(g), 25, 26, 29(1) and 30 of the Constitution which cannot be superseded by G Regulations framed by a Statutory authority by way of delegated legislation. The fact that such power was exercised by the MCI and the DCI with the previous approval of the Central Government, as contemplated under Section 33 of the 1956 Act and under Section 20 of the 1948 Act, would not bestow H

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v. 1011 UNION OF INDIA AND ORS. [ALTAMAS KABIR, CJI.]

upon the Regulations framed by the MCI and DCI, which are in A the nature of subordinate legislation, primacy over the Constitutional provisions indicated above. A feeble attempt has been made by Mr. Gupta to suggest that admission into institutions run by the Christian Church depended on selection of students by the Diocese. This procedure, according to Mr. B Gupta, was against the concept of recognition of merit.

148Copy pinpoint148. In our judgment, such a stand is contrary to the very essence of Articles 25, 26, 29(1) and 30 of the Constitution. In view of the rights guaranteed under Article 19(1)(g) of the Constitution, the provisions of Article 30 should have been redundant, but for the definite object that the framers of the Constitution had in mind that religious and linguistic minorities should have the fundamental right to preserve their traditions and religious beliefs by establishing and administering educational institutions of their choice. There is no material on record to even suggest that the Christian Medical College, Vellore, or its counter-part in Ludhiana, St. John's College, Bangalore, or the linguistic minority institutions and other privately-run institutions, aided and unaided, have indulged in any malpractice in matters of admission of students or that they had failed the triple test referred to in P.A. /namdar's case (supra). On the other hand, according to surveys held by independent entities, CMC, Vellore and St. John's Medical College, Bangalore, have been placed among the top Medical Colleges in the country and have produced some of the most brilliant and dedicated doctors in the country believing in the philosophy of the institutions based on Christ's ministry of healing and caring for the sick and maimed.

149Copy pinpoint149. Although, there is some difference of opinion as to the right to freedom of religion as guaranteed under Article 25 of the Constitution being confined only to individuals and not organizations in regard to religious activities, Article 26(a) very clearly indicates that subject to public order, morality and health, every religious denomination or any section thereof shall have H

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A the right to establish and maintain institutions for religious and charitable purposes. The emphasis is not on religious purposes alone, but extends to charitable purposes also, which would include the running of a hospital to provide low-cost, but efficient medical care to all, which the CMC, Vellore, and other private B missionary hospitals of different denominations are doing. So long as a private institution satisfies the triple test indicated in P.A. lnamdar's case (supra), no objection can be taken to the procedure followed by it over the years in the matter of admission of students into its M.B.B.S. and Post-graduate c courses in medicine and other disciplines. Except for alleging that the admission procedure was controlled by the Church, there is nothing even remotely suggestive of any form of maladministration on the part of the medical institutions being run by the Petitioner Association.

150Copy pinpoint150. This brings us to the issue regarding the impact of the NEET on the right of the religious and linguistic minorities in view of the provisions of Article 30(1) of the Constitution. Although, the said question has been dealt with to some extent while dealing with the other issues, certain aspects thereof still E need to be touched upon. As has been mentioned hereinbefore, having regard to the provisions of Article 19(1)(g) ·· : of the Constitution, the provisions of Article 30 would have been redundant had not the framers of the Constitution had some ,.:.' definite object in mind in including Article 30 in the Constitution. F This Court has had occasion in several matters to consider and even deal with the question. In the Ahmedabad St. Xavier's College Society case (supra), it was held that the right under Article 30(1) is more in the nature of protection and was intended to instill confidence in minorities against any executive or legislative encroachment on their right to establish and administer educational institutions of their choice. While the aforesaid observations help in understanding the intention of the Constituent Assembly in including Article 30 in the Constitution as a fundamental right untrammeled by any restrictions, as in the case of other fundamental rights, the real

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v. 1013 UNION OF INDIA AND ORS. [ALTAMAS KABIR, CJI.]

spirit of the said Article has been captured by Justice V. Krishna A Iyer in Jagdish Sharan's case (supra), wherein His Lordship observed that merit cannot be measured in terms of marks alone, but human sympathies are equally important. His Lordship's further observations that the heart is as much a factor as the head in assessing the social value of a member B of the medical profession, completes the picture. This, in fact, is what has been attempted to be conveyed by Mr. Harish Salve, appearing for the CMC Vellore, while submitting that under Article 30 of the Constitution an educational institution must be deemed to have the right to reject a candidate having c superior marks as against a candidate who having lesser marks conformed to the beliefs, aspirations and needs of the institution for which it was established.

151Copy pinpoint151. One of the eleven questions which came to be considered by the Eleven Judge Bench in the T.M.A. Pai D Foundation case, namely, Question 5(a), was whether the minority's rights to establish and administer educational institutions of their choice would include the procedure and method of admission and selection of students. While dealing with one of the five issues reformulated by the Chief Justice as to whether there can be Government regulations in case of private institutions and, if so, to what extent, it was indicated in the majority judgment that the right to establish and administer broadly comprises various rights, including the right to admit students in regard to private unaided non-minority educational institutions. It was further observed that, although, the right to establish an educational institution can be regulated, such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure (including qualified staff) and the prevention of maladministration by those in-charge of management, and that the fixing of a rigid fee structure, dictating the formation and composition of the Governing Body, compulsory nomination of teachers and staff for appointment or nominating students for admissions, would be unacceptable restrictions. H

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152Copy pinpoint152. As far as private unaided professional colleges are concerned, the majority view was that it would be unfair to apply the same rules and regulations regulating admission to both aided and unaided professional institutions. In that context, it was suggested that it would be permissible for the University B or the Government at the time of granting recognition, to require a private unaided institution to provide for merit-based selection, while, at the same time, giving the management sufficient discretion in admitting students, which could be done by reserving a certain percentage of seats for admission by the management out of those students who had passed a common entrance test held by itself, while the rest of the seats could be filled up on the basis of counselling by the State agency, which would take care of the poorer and backward sections of society.

153Copy pinpoint153. However, as far as the aided private minority institutions are concerned, the inter-play between Article 30 and Article 29(2) of the Constitution was taken note of in the majority decision and after considering the various decisions on the said issue, including the decision in D.A. V. College Vs. State of Punjab [(1971) 2 SCC 269] and the Ahmedabad St. E Xavier's College Society case (supra), reference was made to the observations made by Chief Justice Ray, as His Lordship then was, that, in the field of administration, it was not reasonable to claim that minority institutions would have complete autonomy. Checks on the administration would be necessary in order to ensure that the administration was efficient and sound and would serve the academic needs of the institution. Reference was also made to the concurring judgment of Khanna, J., wherein the learned Judge, inter alia, observed that the right conferred upon religious and linguistic minorities under Article 30 is to establish and administer educational institutions of their choice. Administration connotes management of the affairs of the institution and such management must be free of control so that the founders or their nominees could mould the institution as they thought fit and in accordance with the ideas of how the interest of the community

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v. 1015 UNION OF INDIA AND ORS. [ALTAMAS KABIR, CJI.]

in general and the institution in particular would be best served. A The learned Judge was of the view that the right of the minorities to administer educational institutions did not prevent the making of reasonable regulations in respect of such institutions, but such regulations could not impinge upon the minority character of the institution and a balance had to be maintained between the two objectives - that of ensuring the standard of excellence of the institution and that of preserving the right of minorities to establish and administer their educational institutions.

154Copy pinpoint154. The learned Judges also approved the view taken in the St. Stephen's College case (supra) regarding the right of aided minority institutions to give preference to students of its own community for admission. Their Lordships, however, had reservations regarding the rigidity of percentage of students belonging to the minority community to be admitted. D 155: While answering Question 4 as to whether the admission of students to minority educational institutions, whether aided or unaided, can be regulated by the State Government or by the University to which the institution is affiliated, the learned Judges held that admission of students to unaided minority educational institutions, namely, schools and under-graduate colleges, cannot be regulated by the State or the University concerned, except for providing the qualifications and minimum conditions of eligibility in the interest of academic standards. The learned Judges further held that the right to admit students, being an essential facet of the right to administer educational institutions of their choice, as contemplated under Article 30 of the Constitution, the State Government or the University may not be entitled to interfere with that right, so long as the admission to the unaided educational institutions was on a transparent basis and merit was adequately taken care of. The learned Judges went on to indicate that the right to administer, not being absolute, there could be regulatory measures for ensuring educational standards and maintaining excellence thereof, and it was more H

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A so in the matter of admissions to professional institutions.

156Copy pinpoint156. In answering Question 5(a), as to whether the rights of minorities to establish and administer educational institutions of their choice would include the procedure and method of admission and selection of students, the learned Judges held 8 that a minority institution may have its own procedure and method of admission as well as selection of students, but such a procedure must be fair and transparent and the selection of students in professional and higher educational colleges should be on the basis of merit and even an unaided minority institution should not ignore the merit of the students for admission while exercising its right to admit students to professional institutions. On the question whether the rights of minority institutions regarding admission of students and to lay down the procedure and method of admission would be affected, in any way, by receipt of State aid, the learned Judges were of the view that while giving aid to professional institutions, it would be permissible for the authority giving aid to prescribe conditions in that regard, without, however, affecting the right of such institutions to actually admit students in the different courses run bythem.

157Copy pinpoint157. What can ultimately be culled out from the various observations made in the decisions on this issue, commencing from the Kera/a Education Bill case (supra) to recent times, is that admissions to educational institutions have been held to be part and parcel of the right of an educational institution to administer and the same cannot be regulated, except for the purpose of laying down standards for maintaining the excellence of education being provided in such institutions. In G the case of aided institutions, it has been held that the State and other authorities may direct a certain percentage of students to be admitted other than by the method adopted by the institution. However, in cases of unaided institutions, the position is that except for laying down standards for maintaining the excellence of education, the right to admit students into the H

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v. 1017 UNION OF INDIA AND ORS. [ALTAMAS KABIR, CJI.]

different courses could not be interfered with. In the case of aided minority institutions, it has been held that the authority giving aid has the right to insist upon the admission of a certain percentage of students not belonging to the minority community, so as to maintain the balance of Article 19(2) and Article 30(1) of the Constitution. Even with regard to unaided minority institutions, the view is that while the majority of students to be admitted should be from the minority community concerned, a certain percentage of students from other communities should also be admitted to maintain the secular character of education in the country in what' has been described as a "sprinkling effect".

158Copy pinpoint158. Mr. Parasaran's submissions with regard to the concept of "Rag Bag" legislation would not apply to the facts of these cases since the amendments to the Regulations of 1997, 2000 and 2007 were effected under Entry 66, List I of the Seventh Schedule and no recourse was taken to Entry 25 of the Concurrent List by the MCI and DCI while amending the said Regulations.

159Copy pinpoint159. This brings us to the last issue, which has been raised before us regarding the impact of the Presidential Orders made under Article 371 D of the Constitution of India. As pointed out by Mr. L. Nageshwar Rao, learned Senior Advocate, special enactments have been made in the States of Andhra Pradesh and Tamil Nadu regarding admission of students in the different medical colleges and institutions being run in the said States. The said legislation being under Entry 25 of List Ill of the Seventh Schedule to the Constitution, the question which arises is whether the amended MCI Regulations would have primacy over the said State enactments. The question is answered by Article 371-D of the Constitution which empowers the President G to make special provisions with respect to the State of Andhra Pradesh, including making orders with regard to admission in educational institutions. Clause 10 of Article 371-D provides as follows: H

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A "The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force."

Accordingly, the enactments made in the States of Andhra 8 Pradesh and Tamil Nadu will remain unaffected by the impugned Regulations. We have already held that the Regulations and the amendments thereto have been framed by the MCI and the DCI with the previous permission of the Central Government under Entry 66, List I, but that the Regulations C cannot prevail over the constitutional guarantees under Articles 19(1)(g), 25, 26, 29(1) and 30 of the Constitution.

160Copy pinpoint160. Apart from the legal aspects, which have been considered at length, the practical aspect of holding a single D National Eligibility-cum-Entrance Test needs to be considered. Although, it has been submitted by the learned Additional Solicitor General that a single test would help poor students to avoid sitting for multiple tests, entailing payment of fees for each separate examination, it has to be considered as to who such poor students could be. There can be no controversy that the standard of education all over the country is not the same. Each State has its own system and pattern of education, including the medium of instruction. It cannot also be disputed that children in the metropolitan areas enjoy greater privileges than their counter-parts in most of the rural areas as far as education is concerned, and the decision of the Central Government to support a single entrance examination would perpetuate such divide in the name of giving credit to merit. In a single window competition, the disparity in educational standards in different parts of the country cannot ensure a level playing field. The G practice of medicine entails something more than brilliance in academics, it requires a certain commitment to serve humanity. India has brilliant doctors of great merit, who are located mostly in urban areas and whose availability in a crisis is quite uncertain. What is required to provide health care to the general H

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v.1019 UNION OF INDIA AND ORS. [ALTAMAS KABIR, CJI.]

masses and particularly those in the rural areas, are committed physicians who are on hand to respond to a crisis situation. Given the large number of people who live in the villages in difficult conditions, the country today has more need of such doctors who may not be specialists, but are available as general physicians to treat those in need of medical care and treatment in the far flung areas of the country, which is the essence of what was possibly envisaged by the framers of the Constitution in including Article 30 in Part Ill of the Constitution. The desire to give due recognition to merit is laudable, but the pragmatic realities on the ground relating to health care, c especially in the rural and tribal areas where a large section of the Indian population resides, have also to be kept in mind when policy decisions are taken in matters such as this. While the country certainly needs brilliant doctors and surgeons and specialists and other connected with health care, who are equal D to any in other parts of the world, considering ground realities, the country also has need for "barefoot doctors", who are committed and are available to provide medical services and health care facilities in different areas as part of their mission in becoming doctors. E

161Copy pinpoint161. In the light of our aforesaid discussions and the views expressed in the various decisions cited, we have no hesitation in holding that the "Regulations on Graduate Medical Education (Amendment) 2010 (Part 11)" and the "Post Graduate Medical Education (Amendment) Regulation, 2010 (Part II)", whereby F the Medical Council of India introauced the single National Eligibility-cum-Entrance Test and the corresponding amendments in the Dentists Act, 1948, are ultra vires the provisions of Articles 19(1)(g), 25, 26(a), 29(1) and 30(1) of the Constitution, since they have the effect of denuding the States, G State-run Universities and all medical colleges and institutions, including those enjoying the protection of the above provisions, from admitting students to their M.B.B.S., B.D.S. and Post- graduate courses, according to their own procedures, beliefs and dispensations, which has been found by this Court in the H

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A T.M.A. Pai Foundation case (supra), to be an integral facet of the right to administer. In our view, the role attributed to and the powers conferred on the MCI and the DCI under the provisions of the Indian Medical Council Act, 1956, and the Dentists Act, 1948, do not contemplate anything different and are restricted B to laying down standards which are uniformly applicable to all medical colleges and institutions in India to ensure the excellence of medical education in India. The role assigned to the MCI under Sections 1OA and 19A(1) of the 1956 Act vindicates such a conclusion. c 162. As an off-shoot of the above, we also have no hesitation in holding that the Medical Council of India is not empowered under the 1956 Act to actually conduct the NEET.

163Copy pinpoint163. The Transferred Cases and the Writ Petitions are, therefore, allowed and the impugned Notifications Nos. MCl- 31 (1 )/2010-MED/49068, and MCl.18(1)/201 O-MED/49070, both dated 21st December, 2010, published by the Medical Council of India along with Notification Nos. DE-22-2012 dated 31st May, 2012, published by the Dental Council oflndia and the amended Regulations sought to be implemented thereunder along with Notification Nos. DE-22-2012 dated 31st May, 2012, published by the Dental Council of India, are hereby quashed. This will not, however, invalidate actions so far taken under the amended Regulations, including the admissions already given on the basis of the NEET conducted by the Medical Council of India, the Dental Council of India and other private medical institutions, ar.d the same shall be valid for all purposes.

164Copy pinpoint164. Having regard to the nature of the cases decided by this judgment, the parties thereto will bear their own costs. G ANIL R. DAVE, J. 1. I have carefully gone through the elaborate judgment delivered by the learned Chief Justice. After going through the judgment, I could not persuade myself to share the same view.

H 2. As the learned Chief Justice is to retire within a few

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v. 1021 UNION OF INDIA AND ORS. [ANIL R. DAVE, J.]

days, I have to be quick and therefore, also short. Prior to A preparation of our draft judgments we had no discussion on the subject due to paucity of time and therefore, I have to express my different views but fortunately the learned Chief Justice has discussed the facts, submissions of the concerned counsel and the legal position in such a detail that I need not discuss the 8 same again so as to make the judgment lengthy by repeating the submissions and the legal provisions, especially when I am running against time.

3. Sum and substance of all these petitions is that the Medical Council of India (hereinafter referred to as 'the MCI') c should not be entrusted with a right to conduct National Eligibility-cum- Entrance Test (hereinafter referred to as 'the NEET') and whether introduction of the NEET would violate fundamental rights of the petitioners guaranteed under the provisions of Articles 19(1 )(g), 25, 26, 29(1) and 30 of the 0 Constitution of India.

4. The submissions are to the effect that if the MCI or any other body conducts examination in the nature of the NEET, the petitioners, who are managing medical colleges, would not be in a position to exercise their discretion in relation to giving admission to the students in their colleges and therefore, their fundamental right guaranteed under Article 19(1 )(g) and the rights of the minority institutions under Articles 29 and 30 would be violated. The submission is to the effect that the minority institutions should have full and unfettered right to select the students who are to be imparted education in their colleges. Any restriction or regulation of whatsoever type, would violate their fundamental rights. Thus, what is to be seen by this Court is whether the system sought to be introduced by the MCI under the provisions of the Indian Medical Council Act, 1956 G (hereinafter referred to as 'the Act') is violative of any of the legal or constitutional provisions. In the process of deciding so, in my opinion, this Court also has to examine whether it would be in the interest of the society and the students aspiring to study medicine to have a common examination in the nature of the NEET. H

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A 5. Sections 19A and 20 of the Act, which have been reproduced in the judgment delivered by the learned Chief Justice, permit the MCI to prescribe the minimum standards of medical education. Section 33 of the Act also empowers the MCI to make regulations to carry out the purposes of the Act. 8 Thus, the said provisions enable the MCI to regulate the system of medical education throughout the country.

6. Let me first of all consider the scope of the aforestated sections and the provisions of the Act in relation to the regulation of the standards of education to be imparted in c medical colleges. It is a matter of sound common sense that to have doctors well versed in the subject of medicine and having proficiency in their field, we should have suitable and deserving students who should be imparted good medical education and there should be strict supervision over the 0 education system so as to see that the students who are not up to the mark or are not having the highest standards of education are not declared successful at the examinations.

7. To achieve the aforestated ideal, the system should be such that it should have effective regulations at three different stages - The first stage is the admission of the students to medical colleges. The students who are admitted to the medical course should be suitable and should have the right aptitude so that they can be shaped well into the medical profession after being imparted proper education. The second stage is with regard to determination of syllabus and the manner of imparting education and for the said purpose, the regulating authorities.should see that proper medical training is given to the· students and for the said purpose sufficiently equipped hospitals should be there as teaching institutes. It should also be seen that sufficient number of patients are treated at the hospitals so that the students can get adequate practical training where the patients are being treated. Finally, the examinations, which the students have to pass to prove their worth as successful students should also be strictly regulated. If there is any lacuna or short-coming at any of the above three H

. CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v.1023 UNION OF INDIA AND ORS. [ANIL R. DAVE, J .]

stages, it would adversely affect the professional standards of the students passing out. from the educational institutions as physicians, who are trusted by the citizens of India at critical moments, when someone's Jife is at stake. I need not state anything more with regard to the importance of the medical field or the physicians as it is a matter of common knowledge that to maintain good health and to cure the diseases and to avoid or reduce trauma of a patient, existence of a trained and well groomed doctor is a sine qua non. All th~se facts equally apply to dentists and therefore, I am not specially referring to them every time. c

8. By virtue of introduction of the NEET to be conducted under the supervision of the MCI, standards of the students at the stage of their admission to the medical colleges, be it for admission to the M.B.B.S. course or the post graduation studies in medical faculties, would be regulated. Similarly, for D imparting education to the students studying in the field of Dentistry, Dental Council of India ffor short 'the DCI') has to regulate admissions so as to see that eligible and suitable students are admitted to the different courses in the field of dentistry. E

9. There is no need to discuss the importance of quality of input, when something is· to be produced, manufactured or developed. Even when one thinks of manufacturing an article, the manufacturer is conscious about the quality of the input and he would invariably select the best input i.e. such raw material so as to make his final product excellent. Principle is not different in the field of education. If an educational institution wants an excellent output in the nature of a well trained, well educated, well groomed professional, the institution must see that suitable and deserving students having an aptitude for becoming good doctors are admitted to the medical college. If among all good students, there are students who are not up to the mark, who are lagging behind in their studies, who are weak in studies, it would not be possible to educate or groom . such students effectively and efficiently. A weak student may H

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A lag behind due to his lower level of grasping or education or training. In the circumstances, it becomes the duty of the regulating authority to see that quality of the students at the stage of admission is thoroughly examined and only deserving and suitable students are given admission to the medical B colleges so as to make them suitable members of a noble profession upon completion of their studies. So as to see that only deserving and suitable students are admitted to the medical colleges, the MCI has introduced the NEET. By virtue of introduction of the NEET, the students aspiring to become c physicians or pursue further medical studies will have to pass the NEET. The NEET would be a nationwide common examination to be held at different places in the country so that all students aspiring to have medical education, can appear in the examination and ultimately, on the basis of the result of the examination, suitability and eligibility of the students for 0 admission to the medical profession can be determined. This system is a part of regulation whereby entry to the field of medical education is regulated in such a way that only eligible and suitable students are given admission to medical colleges.

E 10. If the NEET is conducted under the supervision of the apex professional body, it would inspire confidence in the system and in that event, the selectio.n of the students for admission to the medical profession would be on merit based . selection. No extraneous consideration would come into play F in the process of selection. The process of selection would not be influenced by irrelevant factors like caste and creed, community, race, lineage, gender, social or economic standing, place of residence - whether rural or urban, influence of wealth or power; and admission would be given only to the students who really deserve to be well qualified physicians or dentists. G Thus, there would not be any discrimination or influence in the process of selection. I may add here that though the students can be selected only on the basis of their merit, it would be open to the States to follow their reservation policy and it would also be open to the institutions based on religious or linguistic H minority to select students of their choice, provided the students

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v.1025 UNION OF INDIA AND ORS. [ANIL R. DAVE, J.]

so selected have secured minimum marks prescribed at the A NEET. From and among those students, who have secured prescribed qualifying marks, the concerned institutions, who want to give priority to the students belonging to a particular class-or caste or creed or religion or region, etc. would be in a position to give preference to such students in the matter of their admission to the concerned medical college. Thus, the purpose with which the Articles 25, 26, 29, and 30 are incorporated in our Constitution would be fully respected and implemented.

11. Furthermore, centralization of the selection process under holding the NEET would help the students to appear at the examination from any corner of our nation. The result of the examination would be published at the same time on one particular day and with the same standard. There would not be any problem with regard to equalizing marks and merits of different students passing different examinations from different regions or states or universities or colleges. The process of selection would be equal, fair, just and transparent. All the students would be in a position to compete from a common platform and the test will have· credibility in the eyes of the students and the society. There are number of professional institutions which are having only one professional examination and there are some institutions which also have one common entrance test which would decide competence and capability of a student for being admitted to the professional course and the system which is followed by them for years is quite satisfactory and successful. The students would be benefited because they will not have to appear at different places on different days at different examinations for the same purpose. In my opinion, the aforestated factors, in practical life, would surely help the. students, the profession and the institutions which are not money minded and are sincere in their object of imparting medical education to the aspiring students. The cost of appearing at the NEET would be much less as the aspiring students will not have to purchase several expensive admission forms and will not have to travel to different places. H

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A 12. An apprehension has been voiced by the counsel for the petitioners that the minority institutions or the educational institutions belonging to special classes would be adversely affected because of the introduction of the NEET. In fact, the said apprehension is not well founded. The policy with regard B to the reservation can be very well implemented if the NEET is introduced because the NEET would determine standard or eligibility of a student who is to be imparted education in the field of medicine. The institution imparting medical education will have to see that the student to be admitted is having c minimum standard of suitability and the institution will be at a liberty to select a student of its choice if it wants to promote a particular class of persons. By admitting suitable and deserving students having an aptitude for becoming doctors, the religious institutions would be in a position to have better doctors for fulfilling their objective. 0

13. Moreover, the policy with regard to reservation for certain classes, followed by the States would also not be adversely affected. From the deserving eligible students, who have procured qualifying marks at the NEET and who belong to the reserved classes would be given preference so as to fulfill the policy with regard to reservation. Thus, the students belonging to the reserved classes would also not suffer on account of holding the NEET.

14. In the circumstances, it cannot be said that introduction of the NEET would adversely affect the policy with regard to the reservation or the policy of the States pertaining to upliftment of downtrodder. persons belonging to certain classes.

15. The MCI has power to regulate medical education and similarly the DCI has also the power to regulate the education in the field of Dentistry. Meaning of the word 'to regulate' would also include controlling entry of undeserving or weak students into the profession, who cannot be groomed in normal circumstances as good physicians or doctors or dentists. The term 'regulate' would normally mean to control something by means of rules or by exercise of control over a system. It is an

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v.1027 UNION OF INDIA AND ORS. [ANIL R. DAVE, J.]

admitted fact that one of the functions of these apex bodies of the professionals is to regulate the system of education. In my opinion, we cannot put any fetter on the system introduced by these bodies, whereby they try to control entry of weak or undeserving or less competent students to the institutes where medical education is imparted. Thus, in my opinion, the MCI B and the DCI are competent to exercise their right to regulate the education system under the provisions of the Act and under the provisions of the Dentists Act, 1948, which permit them to determine the standard of students who are to be admitted to these professional courses. c

16. Hence, I am of the view that the MCI and the DCI are entitled to regulate the admission procedure by virtue of the provisions of their respective Acts, which enable them to regulate and supervise the overall professional standards.

17. I have now to see whether the legal provisions which D permit the aforestated apex bodies to conduct the NEET, so as to regulate admission of the students to medical institutes, are in accordance with legal and Constitutional.provisions. The aforestated question has been rightly answered by this court in the case of Dr. Preeti Srivastava and Another vs. State of E M.P. and Others (1999) 7 sec 120 to the effect that norms of admission will have a direct impact on the standards of education. This court has observed that the standards of education in any institution or college would depend upon several factors and the caliber of the students to be admitted to the institutions would also be one of the relevant factors. Moreover, in view of entry 25 of List Ill of the Seventh Schedule to the Constitution, Union as well as the States have power to legislate on the subject of medical education, subject to the provisions of entry 66 of List I of the Seventh Schedule, which deals with determination of standards in institutions for higher education. In the circumstances, a State has the right to control education, including medical education, so long as the field is unoccupied by any Union legislation. By virtue of entry 66 in List I to the Seventh Schedule, the Union can make laws with H

1028 SUPREME COURT REPORTS [2013) 7 S.C.R.

A respect to determination of standards in institutions for higher education. Similarly, subject to enactments, laws made with respect to the determination of standards in institutions for higher education under power given to the Union in entry 66 of List I of the Seventh Schedule, the State can also make laws B relating to education, including technical education and medical education. In view of the above position clarified in the case of Dr. Preeti Srivastava (supra), the NEET can be conducted under the supervision of the MCI as per the regulations framed under the Act. As stated hereinabove, Section 33 of the Act c enables the MCI to make regulations to carry out the purposes of the Act and therefore, conducting the NEET is perfectly legal.

18. In para 36 of the judgment delivered in the case of Dr. Preeti Srivastava (supra), this Court has held that for the purpose of maintaining standards of education, it is very much o necessary to see that the students to be admitted to the higher educational institutions are having high caliber and therefore, in the process of regulating educational standards in the fields of medicine and dentistry also the above principle should be followed and the apex professional bodies should be permitted E to conduct examinations in the nature of the NEET. Regulations made under the Act and the Dentists Act, 1948 must be treated as part of the Act and therefore, conducting the NEET cannot ~e said to be illegal. Su.bmissions were made by the learned counsel for the petitioners that as copies of the draft F Regulations, as required under Section 19A of the Act, were not forwarded to the State Governments, the said Regulations cannot be acted upon. The said submission is of no importance for the reason that I am in agreement with the submission of the learned counsel appearing for the MCI that the said G provision is not mandatory and therefore, non-supply of the draft regulations would not adversely affect the validity of the Regulations and the NEET. It also appears from the language used in Section 19A of the Act that the said provision with regard to furnishing copies of the draft regulations to all the State Governments is not mandatory and any defect in the said H

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v. 1029 UNION OF INDIA AND ORS. [ANIL R. DAVE, J.]

procedure would not vitiate validity of the Regulations or action A taken in pursuance of the Regulations,

19. Similar question with regard to having a common test had arisen for admitting students aspiring to become veterinary surgeons. The question was whether it was open to the apex body of the said profession to conduct a common entrance test. B Ultimately, the issue had been resolved by this court in the matter of Veterinary Council of India vs. Indian Council of Agricultural Research, (2000) 1 SCC 750. This court, after considering several issues similar to those which have been ~aised in these petitions, held. that it was open to the concerned regulatory Council to conduct a common entrance test.

20. So far as the rights guaranteed under Article 19(1)(g) of the Constitution with regard to practising any profession or carrying on any occupation, a trade or business, are concerned, it is needless to say that the aforestated rights are not unfettered. Article 19(6) of the Constitution permits the State to enact any law imposing reasonable restrictions on the rights conferred by Article 19(1)(g) in relation to the professional or technical qualifications necessary for practising any profession. Enactments of the Act and the Dentists Act, 1948, including E Regulations made thereunder, which regulate the professional studies cannot be said to be violative of the Constitutional rights guaranteed to the petitioners under Article 19(1 )(g) of the Constitution. The framers of the Constitution were conscious of the fact that anybody cannot be given a right to practise any profession without having regard to his capacity, capability or competence. To be permitted to practise a particular profession, especially when the profession is such which would require highly skilled person to perform the professional duties, the State can definitely regulate the profession. Even if we assume that all the petitioner institutions are in business of imparting education, they cannot also have unfettered right of admitting undeserving students so as to make substandard physicians and dentists. One may argue here that ultimately, after passing the final examination, all students who had joined H

1030 SUPREME COURT REPORTS [2013) 7 S.C.R.

A the studies would be at par and therefore, even if a very weak or substandard student is given admission, after passing the final examination, which is supervised by one of the apex bodies referred to hereinabove, he would be at par with other students who were eligible and suitable at the time when they were given admission. In practical life, we do find a difference between a professional who has passed his professional examination at the first or second trial and the one who has passed examination after several trials. Be that as it may, it is for the apex body of the professionals to decide as to what type ofstudents should undergo the professional training. The function with regard to regulating educational activity would be within the domain of the professional bodies and their decision must be respected so as to see that the society gets well groomed bright physicians and dentists. Thus, in my opinion, the introduction of the NEET would not violate the right guaranteed to the petitioners under the provisions of Article 19(1 )(g) of the Constitution of India.

21. So far as the rights guaranteed to the petitioners under the provisions of Articles 25, 26, 29 and 30 are concerned, in my opinion, none of the rights guaranteed under the aforestated Articles would be violated by permitting the NEET. It is always open to the petitioners to select a student subject to his being qualified by passing the examination conducted by the highest professional body. This is to assure that the students who are to undergo the professional training are suitable for the same. F Regulations relating to admission of the students i.e. admitting eligible, deserving and bright students would ultimately bdng reputation to the educational institutes. I fail to understand as to why the petitioners are keen to admit undeserving or ineligible students when eligible and suitable students are G available. I am sure that even a scrupulous religious person or an educational institution would not like to have physicians or dentists passing through its institution to be substandard so as to bring down reputation of the profession or the college in which such a substandard professional was educated. H

CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v. 1031 UNJON OF INDIA AND ORS. [ANIL R. DAVE, J.]

Minorities - be it religious or linguistic, can impart training to a A student who is found worthy to be given education in the field of medicine or dentistry by the professional apex body. In my opinion, the Regulations and the NEET would not curtail or adversely affect any of the rights of such minorities as apprehended by the petitioners. On the contrary, standard quality of input would reasonably assure them of sterling quality of the final output of the physicians or dentists, who pass out through their educational institutions.

22. An apprehension was voiced by some of the counsel appearing for the petitioners that autonomy of the petitioner institutions would be lost if the NEET is permitted. I fail to understand as to how autonomy of the said institutions would be adversely affected because of the NEET. The Government authorities or the professional bodies named hereinabove would not be creating any hindrance in the administrative affairs of the institutions. Implementation of the NEET would only give better students to such institutions and from and among such highly qualified and suitable students, the minority institutions will have a right to select the students of their choice. At this stage, the institutions would be in a position to use their discretion in the matter of selection of students. It would be open to them to give weightage to the religion, caste, etc of the student. The institutions would get rid of the work ~f conducting their separate examinations and that would be a great relief to them. Except some institutions having some oblique motive behind selecting students who could not prove their mettle at the common examination, au educational institutes should feel happy to get a suitable and eligible lot of students, without making any effort for selecting them.

23. For the reasons recorded hereinabove, in my opinion, it cannot be said that introduction of the NEET would either violate any of the fundamental or legal rights of the petitioners or even adversely affect the medical profession. In my opinion, introduction of the NEET would ensure more transparency and less hardship to the students eager to join the medical H

1032 SUPREME COURT REPORTS [2013] 7 S.C.R.

A profession. Let us see the consequence, if the apex bodies of medical profession are not permitted to conduct the NEET. A student, who is good at studies and is keen to join the medical profession, will have to visit several different States to appear _ at different examinations held by different medical colleges or B institutes so as to ensure that he gets admission somewhere. If he appears only in one examination conducted by a particular University in a particular State and if he fails there, he would not stand a chance to get medical education at any other place. The NEET will facilitate all students desirous of joining the c medical profession because the students will have to appear only at one examination and on the basis of the result of the NEET, if he is found suitable, he would be in a position to get admission somewhere in the country and he can have the medical education if he is inclined to go to a different place. 0 Incidentally, I may state here that learned senior counsel Mr. G_lJpta had informed the Court that some medical colleges, who are'tnore in a profiteering business rather than in the noble work of imparting medical education, take huge amount by way of donation or capitation fees and give admission to undeserving· or weak students under one pretext or the other. He had also given an instance to support the serious allegation made by him on the subject. If only one examination in the country is conducted and admissions are given on the basis of the result of the said examination, in my opinion, unscrupulous and money minded businessmen operating in the field of education would be constrained to stop their corrupt practices and it would help a lot, not only to the deserving students but also to the nation in bringing down the level of corruption.

24. For the aforestated reasons, I am of the view that the petitioners are not entitled to any of the reliefs prayed for in the petitions. The impugned notifications are not only legal in the eyes of law but are also a boon to the students aspiring to join medical profession. All the petitions are, therefore, dismissed with no order as to costs. H R.P. Transferred Cases & Writ Petitions allowed.