English

NEET 2019 Note

Art. 30 (1) of the Constitution of India says, “All minorities (religion or language) shall have the right to administer and establish educational institutions of their choice in the country”. But the proviso to Sec. 14 (1) of the National Medical Commission Act, 2019 says that “the uniform National Eligibility -cum-Entrance Test for admission to the undergraduate medical education shall also be applicable to all medical institutions governed under any other law for the time being in force”. This proviso attempts at nullifying the Art. 30(1) of the Constitution of India. The manner in which the minority educational institutions can admit students, by making use of the protection given under the aforesaid Art. 30(1) had been examined and upheld by a eleven member Bench of the Hon’ble Supreme Court of India in T.M.A. Pai Foundation case on 31.10.2002. It had been reiterated by the seven-member Bench in P.A.Inamdar case on 12.08.2005 and the three-member Bench in the CMC case on 18.07.2013. In the circumstances, if anyone wants the protection given under Art. 30(1) to be removed, one should approach only a thirteen-member Bench and challenge the findings of the Apex Court in the T.M.A

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