NEET PG Admisssions : Supreme Court Directs Tamil Nadu Govt To Allot Students To CMC Vellore From Merit List Of Christian Students

The Supreme Court of India on Wednesday directed the State of Tamil Nadu to allot students for PG admissions to Christian Medical College Vellore for the academic year 2021-22 from the NEET merit list of students belonging to the Christian minority after counselling is conducted by the State Selection Committee. The Bench has clarified that the interim order has been passed in peculiar facts and circumstances of this case. "After considering submissions, we are of considered view that for present academic year 2021-2022 students shall be allotted for PG admissions by state government from the NEET merit list of students belonging to Christian minority to all the PG seats from the merit list after counselling is conducted by Selection Committee.We make it clear that this order is passed in peculiar facts and circumstances of this case. In view of urgency, as this matter needs to be decided early, list this matter in March or April".A bench comprising Justice Nageswara Rao and Justice BR Gavai issued the direction in a writ petition by Christian Medical College Association, Vellore, seeking the quashing of Selection Committee's letter whereby the State of Tamil Nadu sought to impose the state policy of reserving 50% of seats ("state quota") in its favour in the undergraduate and post-graduate degree courses in CMC College Vellore. The writ petition also sought direction to the respondents to not interfere with admissions of NEET qualified candidates to UG and PG courses in petitioner college for academic session 2021-22.CMC said that presently, it admits students to 74% seats from students belonging to churches and organizations (minority network) from the merit list. Since 2018, the State has permitted to the institution to select students of minority network from the merit list. The State pointed out that the institute can't admit students de hors merits& cannot admit only from their sub-sect of Christianity (Protestants).Before passing the order, the Bench had asked Additional Advocate General Amit Anand Tiwari appearing for the State of Tamil Nadu to seek instructions as to whether the State would be willing to have an interim arrangement for this academic year, where a percent of seats could be allotted by the State and a certain percent by the Institution.On instructions, the AAG had submitted that for PG admissions this year, the Institution can fill 30% of the seats from their community (Protestant sect of Christian Community) and 70% would be allotted by the State on basis of the NEET merit list.However, after the College wasn't agreeable to the interim arrangement, the Bench went ahead with the hearing and passed the orderThe Bench also clarified that it is not dealing with all submissions made by the Counsels and expressing any view that may be detrimental to either side during final hearing. For purpose of deciding whether an interim order as requested by petitioner needs to be passed, the Bench dealt with following submissions:Submissions By Petitioners: Senior Advocate Shyam Divan on behalf of the petitioner submitted that CMC has been conducting admissions by taking students only after they have qualified NEET, and students are being admitted in petitioner's Institution after they have been recommended by Selection Committee. However, the petitioner follows a fair and transparent method of selecting students belonging to the Christian community, who have been sponsored after being accorded a geographical code. He stated that students sponsored by the Church from all over the country are given admissions after they go through counselling procedures and qualify NEET. This according to him shows that admissions are made according to merit. Mr Divan further submitted that from the past 3 years admissions were permitted in petitioner Institution for UG and PG courses through common counselling, for 74% of the seats in UG course and 70% of the PG course. He requested that the present practice may be continued in academic year 2021-22.Mr Divan referred to a judgement of Madras High Court in case of Madha Engineering College wherein Section 2(c)(iii) of Tamil Nadu Admission in Professional Educational Institutions Act, 2006 was declared violative of Constitution of India. The section provides that 50% of seats in each brand of unaided professional institutions shall be filled up by the Government. He informed the bench that the Supreme Court has granted leave in the appeal filed by the State but has not stayed the judgment. On basis of the judgement in Madha Engineering college which has not been stayed by the Supreme Court he stated that there cannot be a seat sharing between State of Tamil Nadu and petitioner InstitutionReferring to judgements of the Supreme court in case of CMC Association vs UOI 2020, he submitted that the issue which arose for consideration in that case relates to permissibility of NEET to admission to PG courses. Certain paragraphs and observation in the judgement relating to...

NEET PG Admisssions : Supreme Court Directs Tamil Nadu Govt To Allot Students To CMC Vellore From Merit List Of Christian Students

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