Andhra Pradesh high court gives National Eligibility cum Entrance Test relief to Andhra Pradesh

Wondering why even a state government is feeling vulnerable and knocking the doors of the courts, a division bench of the high court comprising Justice V Eswaraiah and Justice N Ravi Shankar on Wednesday stayed the applicability of National Eligibility cum Entrance Test (NEET) for Andhra Pradesh for the academic year 2013.

The bench was dealing with a writ petition filed by the principal secretary, medical and health.

The petitioner informed the court that the Article 371 (D) of the Constitution gave special status to the state and the Presidential order provided for local and non local reservations in admissions to professional courses.

The proposed national eligibility (NEET) test nullified the constitutional safeguards. “The rules governing NEET framed by Medical Council of India cannot override the Article 371(D) of the constitution,” the government contended.

K G Krishna Murthy, additional advocate general, told the court that the state had to take to judicial recourse to protect the interests of students. The state government had written several letters to the Centre but there was no positive response.

He further contended that the new syllabus with NEET orientation had come into force only last year and the students who studied the first year intermediate with the state syllabus would be at a disadvantage.

The medium of the test — English and Hindi – would also result in Telugu medium students suffering a severe loss. The prohibition of capitation fee Act and the rules made therein provide for weightage to the intermediate marks while finalising ranks of the students and the NEET rules do not have such provision and the state Act can not be over ruled like this.

The bench granted interim stay and directed the Medical Council of India to file counter affidavit after Dasara vacation.



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