TN approaches Supreme Court over President’s refusal to clear anti-NEET bill

Tamil Nadu has approached the Supreme Court seeking to overturn the President’s refusal to approve a state law that aims to remove NEET as the basis for medical admissions.

The legal action, filed on Nov 15, challenges the decision denying assent to the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021, which the State says has resulted in a “grave constitutional impasse.”

The suit, prepared by senior advocate P Wilson and filed through advocate Misha Rohatgi, argues that the President’s refusal should be declared unconstitutional and that the Bill must be treated as if it has received approval.

According to the petition, NEET has disadvantaged students from rural and economically weaker backgrounds who study in Tamil medium or government schools, while benefiting urban, CBSE-educated students with access to years of private coaching.

The State noted that the 2021 Bill was unanimously cleared by the Legislative Assembly and later forwarded by the Governor to the President under Article 201 of the Constitution.

Tamil Nadu said it had responded to all objections raised by Union Ministries before the Bill was rejected without explanation. The Governor’s Secretariat notified the State of the refusal on March 4.

“This suit raises substantial questions of law as to the interpretation of the Constitution, raising significant questions relating to the State’s legislative autonomy, Constitutional federalism, the scope of Article 201, Article 254(2) [in case a State law is found repugnant to an existing Central law], and the State’s primary duty under Article 47 to safeguard public health by ensuring equitable access to medical education,” Tamil Nadu submitted.

The state emphasized that it has historically designed its own professional admissions framework, including the former Common Entrance Test, which it said balanced academic quality with social equity.

After discontinuing CET, Tamil Nadu implemented the Tamil Nadu Admission in Professional Educational Institutions Act, 2006, which required admissions based solely on Class XII marks with a normalization system.

For nearly ten years, the State said, medical and professional colleges admitted students in a transparent and equitable manner, producing skilled doctors and supporting a 47% gross enrollment ratio in higher education, significantly above the national average of 29%. The NEP 2020 target for India is 50% by 2035.

Tamil Nadu argued that the nationwide implementation of NEET in 2017 disrupted this balance.

A detailed study conducted in 2021 showed widespread support for eliminating NEET in the state.

“The NEET system had fuelled a parallel and highly commercialized coaching industry, which now generates thousands of crores annually. Data reveals that in Tamil Nadu, more than 70% of students securing MBBS admissions post-NEET are ‘repeaters,’ while first-generation learners from government schools are effectively excluded,” the state submitted.