Supreme Court: States can have CETs, but follow Centre's rules

New Delhi: The Supreme Court on Monday upheld the autonomy of the states in enacting laws for conduct of common entrance tests (Cets) for admission to professional courses and to fix fees for the said courses.

A five-judge Constitution bench comprising Justices Anil R. Dave, A.K. Sikri, R.K. Agrawal, A.K. Goel and R. Banumathi gave this ruling while upholding a law enacted by Madhya Pradesh government to regulate primarily the admission of students in postgraduate courses in private professional educational institutions. Provisions are also made for fixation of fee. In addition, the said Act and rules also contain provisions for reservation of seats.

Writing the judgement, Justice Sikri, dismissed appeals from Modern Dental College, Madhya Pradesh, and others who are unaided private medical and dental colleges. The bench said there was no violation of right of autonomy of the educational institutions in common entrance tests  being conducted by the state or an agency nominated by the state or in fixing fee.

The bench said the right of a state to do so is subject to a Central law. Once the notifications under Central statutes for conducting common entrance test called Neet become operative, it will be a matter between the states and the Union, which will have to be sorted out on the touchstone of Article 254 of the Constitution.

Three-member panel set up to oversee MCI act

Further, taking note of an expert committee’s report about corruption in the functioning of Medical Council of India in the grant of affiliation to medical colleges, the bench set up a three-member oversight panel headed by former Chief Justice of India R.M. Lodha to oversee all statutory functions under the MCI Act.

All policy decisions of the MCI will require approval of the Oversight Committee. The Committee which also includes Prof. (Dr.) Shiv Sareen (Director, Institute of Liver and Biliary Sciences) 3. Shri Vinod Rai (former Comptroller & Auditor General of India will be free to issue appropriate remedial directions.

The Committee will function till the Central Government puts in place any other appropriate mechanism after due consideration of the Expert Committee Report. Initially the Committee will function for a period of one year, unless suitable mechanism is brought in place earlier which will substitute the said Committee.

The bench pointed out that by enacting the State law incidents of corruption in the State machinery were brought in the public eye immediately and have been addressed expeditiously.

The same could never have been done in case of private actions. Even on a keel of comparative efficiency, it is more than evident that the State process is far more transparent and fair than one that is devised by the private colleges which have no mechanism of any checks and balances. The bench directed the matter to be listed for hearing after one year.

The bench said the right of a State to do so is subject to a central law. Once the notifications under the Central statutes for conducting the CET called ‘NEET’ become operative, it will be a matter between the States and the Union, which will have to be sorted out on the touchstone of Article 254 of the Constitution.