An NGO Monday moved the Supreme Court seeking the review of its verdict quashing a Medical Council of India (MCI) notification mandating a common entrance test for undergraduate and postgraduate medical and dental courses in government and private institutions.
The petition was filed by NGO Sankalp saying the court's earlier "judgment erred in not appreciating that NEET (National Entrance Eligibility Test) was required to streamline the admission process in various medical colleges".
The majority judgment by Chief Justice Altamas Kabir (since retired) and Justice Vikramajit Sen said: "...the MCI is not empowered...to actually conduct the NEET" and introducing NEET was beyond its domain.
Justice Kabir said: "In a single window competition, the disparity in educational standards in different parts of the country cannot ensure a level playing field."
On the other hand, Justice Anil R. Dave in his dissenting minority judgment held "it cannot be said that introduction of the NEET would either violate any of the fundamental or legal rights of the petitioners (medical colleges) or even adversely affect the medical profession".
The NGO said that the "right to carry own profession by running a business of medical institution cannot grant unfettered right of admitting undeserving students".
It was for the apex body of the professionals like the MCI to decide as to what type of students should undergo the professional training, the NGO said.
Contending that the proposed NEET in no way would have affected the rights of private medical institutions, the review petition said: "The function with regard to regulating educational activity would be within the domain of the professional bodies and their decision must be respected..."