Medical Education | Supreme Court Grants NEET Eligibility to Open School Students

The Supreme Court emphasized that all open schools recognized by CBSE and State Education Boards will now be acknowledged by the National Medical Council (NMC) for NEET purposes.

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Medical Education | Supreme Court Grants NEET Eligibility to Open School Students

NEW DELHI: The Supreme Court of India has ruled that students from open schools recognized by the Central Board of Secondary Education (CBSE) and State Boards are now eligible to take the National Eligibility cum Entrance Test (NEET). This landmark verdict, addressing longstanding restrictions, signals a significant overhaul of eligibility criteria, widening the scope for aspirants aspiring for a career in medicine.

The bench of Justice PS Narasimha and Justice Arvind Kumar, emphasized that all open schools recognized by CBSE and State Education Boards will now be acknowledged by the National Medical Council (NMC) for NEET purposes. Consequently, candidates who have completed their 10+2 education from open schools will now be eligible to appear for the examination. Notably, a previous provision under Regulation 4(2)(a) of the Medical Council of India Regulations on Graduate Medical Education, 1997, had barred such candidates from participating in the exams.

In 2018, the Delhi High Court had struck down this provision, deeming it unconstitutional. The High Court held that the assumption made by the medical council, suggesting inferiority among students who do not attend regular schools due to financial or social reasons, was unconstitutional and violated both Article 14 and the right to opportunity to acquire a professional degree.

Earlier, the Medical Council of India (MCI) had barred such candidates from appearing for the NEET exam as per the provisions of Section 4(2)(a) of the Regulations on Graduate Medical Education, 1997. However, in 2018, the Delhi High Court canceled this provision, terming it unconstitutional. While striking down the provisions of the Medical Council, the bench of Justice Sanjiv Khanna and Justice Chander Shekhar had then said that the Medical Council has advanced the notion that students/candidates who do not attend regular schools due to financial troubles and difficulties and social reasons , They are inferior and less capable than other students.

Responding to these developments, the Supreme Court disposed of the appeal, acknowledging the recognition of open schools by CBSE and State Education Boards for NEET purposes.

“As per the aforementioned letter and Public Notice, it is evident that open schools acknowledged by CBSE and State Education Boards will be duly recognized by the National Medical Council for participation in the NEET Examination,”
-stated the Court in its order.

Medical Education | Supreme Court Grants NEET Eligibility to Open School Students

Victory for Open School Students

This historic decision marks a significant victory for open school students, who had been previously excluded from NEET eligibility. The ruling overturns barriers that hindered their academic and professional aspirations, validating the credibility of open schooling education.

Revised NEET 2024 Eligibility Criteria

Moreover, in alignment with this inclusive approach, the National Medical Commission (NMC) has revised its Graduate Medical Education Regulations, 2023. The revised NEET eligibility criteria for 2024 eliminates the upper age limit for candidates and introduces new reservation criteria for various categories, including OBC, EWS, SC, ST, and PwD, under the 15% All India Quota seats.

This progressive change heralds a new era in medical education, emphasizing inclusivity and equal opportunities. By integrating students from diverse educational backgrounds, the medical fraternity stands to benefit from a more diverse pool of aspiring doctors.

CLICK HERE TO READ PREVIOUS REPORTS ON NEET

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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