Tamil Nadu has moved the Supreme Court challenging the President’s decision to withhold assent to its 2021 anti-NEET Bill. The State says the refusal is unconstitutional and creates a federal deadlock.
New Delhi: The Tamil Nadu government has approached the Supreme Court challenging the President of India’s decision to withhold assent to the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021.
This Bill was unanimously passed by the State Legislative Assembly and aims to allow Tamil Nadu to admit students to medical colleges without using the National Eligibility cum Entrance Test (NEET).
In its petition, the State government has stated that the communication issued by the Governor’s Secretariat on March 4 indicates that the President mechanically withheld assent, solely based on the advice of the Union government, without providing any reasons.
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The State added that it had already submitted detailed responses to every objection raised earlier by the Centre.
Tamil Nadu argued before the Supreme Court that the President’s decision has created a constitutional deadlock between the State and the Union.
It said that major questions relating to federalism, legislative powers of States, and the correct interpretation of Article 201 and Article 254(2) of the Constitution are involved.
The petition also points out several issues linked to NEET. It mentions earlier reports of impersonation, irregularities, and question paper leaks in previous years of the exam.
According to the State, a simple numerical score cannot properly judge the skills and personal qualities needed to become a good doctor. The 2021 Bill proposes a different method of admission through a system of scientific normalisation of Class XII marks, instead of relying only on a single entrance exam.
Tamil Nadu has asked the Supreme Court to declare that the President’s act of withholding assent is unconstitutional and must be cancelled.
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The State has also requested the Court to rule that the Bill should be considered as having received deemed Presidential assent under Article 254(2). If this is not accepted, the State has asked for a direction to send the Bill again to the President for fresh consideration.
The suit was prepared by Senior Advocate P. Wilson and filed through advocate Misha Rohatgi.
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