Prince Gajendra Babu
Merit cannot be measured solely in terms of marks. Merit must be construed in terms of the social value of a member in the medical profession (Pradeep Jain (supra); …Thus, we need to reconceptualize the meaning of ‘merit’. For instance, if a high-scoring candidate does not use their talents to perform good actions, it would be difficult to call them “meritorious” merely because they scored high marks. The propriety of actions and dedication to public service should also be seen as markers of merit, which cannot be assessed in a competitive examination. Equally, fortitude and resilience required to uplift oneself from conditions of deprivation are reflective of individual calibre.
(Supreme Court in the Judgement dated 20th January 2020)
The success of democracy depends on ever vigilant people. To be vigilant one needs to be aware of all issues concerning the governance of the Nation. To be socially aware, one needs knowledge. Knowledge is gained through learning process. Learning happens through interaction with teachers and among students coming from various social and educational background. Schools, Colleges and Universities are centres for learning process. Students discuss and understand the issues and place the issues they identified before the people for further dissemination. Social Transformation is made possible through social dialogue. Students coming from the society that is based on discriminatory social order try to explore the ways to end the injustice and pave way for just and equitable social order. Students come to Education Institutions not just to learn the prescribed text. They come for Enlightenment. Education Enlightens and Empowers. That’s why Buddha to Paulo Freire considered Education as a politics of empowerment. Considering such empowerment as a threat to a section of people who wish to preserve their hegemonic social order, ruling class has designed a policy to destroy the multilingual, multicultural fabric of our nation and replace the federal polity with unified government at centre with all powers accumulated, eventually leading to a mono cultural nationalism. Precisely, this is what the National Education Policy 2020 (NEP 2020) aims to establish.
NEP 2020 is not merely a document that gives policy direction in the field of education. It is beyond every body’s imagination. NEP 2020 is a document that envisions establishing a society that is free from critical thinking so that people will remain very much obedient to the Government and more particularly, to the person who heads the Government. Blended learning, too much emphasis on digital mode of learning, permission to 900 autonomous colleges to offer online courses, entrance requirement for entry into each year of UG degree course and minimum CGPA of 7.5% to continue studies in the fourth year of the UG Programme leading to the bachelor’s degree (Honours / Masters) are all aimed at keeping the majority of students away from higher education. The above components of NEP 2020 should not be discussed in isolation. NEP 2020 in the name of international standard and multi-disciplinary approach paves the way for closure of Government Colleges. It opens the Education sector to Market forces and leaves the vulnerable section of the society to study at philanthropy of the private institutions and private philanthropic contribution. NEP 2020 reduces the role of Educational Institutions to that of providers of Literacy and Numeracy Skills along with Vocational Skills without any scope for dialogue or discussion. Under NEP 2020, schools do not qualify a student for higher studies. Schools are to ensure that people acquire the literacy, numeracy and vocational skills. Thereafter, every student, living in any remote corner of India, needs to take an All India Test conducted by National Testing Agency (NTA) to qualify themselves for any under graduate courses. According to NEP 2020, education is for individual’s survival. A mere animal existence. A life without human dignity. A person must have employability skill that the market requires. Even at research level, a person should understand what the Government wishes, more particularly, what the head of the Government desires and choose the field and topic of research accordingly. Instead of providing equitable access to education even at primary level, the process of filtration starts from lower primary level and extends up to doctoral research. In the name of merit exams are made tougher to keep a large section of people away from higher education.
The assertion of Babasaheb Dr. B. R. Ambedkar in the Bombay Legislative Council while discussing Bombay University Bill is very much appropriate to the present circumstances. “Examination is something quite different from education, but in the name of raising the standard of education, they are making the examination so impossible and so severe that the backward communities which have hitherto not had the chance of entering the portals of University are absolutely kept out.” Claiming Indianisation of education, NEP 200 is designed to blow a death knell to almost all Indian Languages. Establishing the hegemony of Hindi is only a road map to ultimately establish hegemony of Sanskrit and Sanskritised culture as the sole language and culture of India. Hindi has already succeeded in shadowing ancient languages with history of more than thousand years such as Bhojpuri. Several Indian languages including Magahi, Maithili, Dogri will practically be out place in everyday life. The aim of NEP 2020 is to ensure all non-Hindi speaking people speak Hindi and once all speak Hindi, the ultimate goal is to make all to read and accept Sanskrit as the language of India. Sanskritised culture as the culture of India. NEP 2020 does not give any space for discussion on cultural and linguistic diversity and need to develop all Indian Languages. It places Sanskrit in such a position to impress upon the learners that Sanskrit has contributed to the development of various Indian Languages and the culture of India.
Catching the children at three years and inculcating an idea of one India, one culture is the mission of NEP 2020. It is nothing but a design to create a cult. The cult that will not question the leader and be a disciplined follower of the worshipful leader.
One could easily recollect the education policy of Mussolini and his idea to establish a cult in Italy. Post World War One, Germany and Italy are the lessons before us. Such a situation cannot and should not be allowed to emerge in India. This not an apprehension or assumption, a careful reading of NEP 2020 will clearly help us to understand the underlying idea. In this context, we need to read the definition of democracy as given by the Union Home Minister Mr. Amit Shah and echoed by the Prime Minister Mr. Narendra Modi. Speaking on 25th December, 2021 about Governance. Mr. Amit Shah said “Prime Minister Narendra Modi or the Modi Government has never taken decisions which the people would like. He has taken decision which are good for the people.”
Democracy is being redefined. It is no more the will of the people. It is the wish of the leader. Leader decides what is good for people. This is nothing but an authoritarian rule. Redefining democracy in such manner and reducing the democratic space in educational institutions cannot be taken lightly. It is against the spirit, vision and provisions of the Constitution of India. If unchallenged it will lead to a total fascist regime.
The question of NEET, CUCET and the NHEQF proposal for Entrance Test for all Under Graduate Course throughout India needs to be seen together and not in isolation. Entrance Test are to frustrate the majority of students and make them pull out of mainstream education. If the proposal under Social and Economic Disadvantaged Group (SEDG) in the NEP 2020 could be disseminated properly, it could be well understood, the marginalized are shown the open schooling mode and thereby reserving the campus exclusively for the people in the top of the social hierarchy. The National Eligibility cum Entrance Test (NEET) conducted by NTA is only a tip of the ice berg. One can easily understand that the word Medical is not found in NEET. NEET is not just an exam for admission to medical courses, from 2021 – 2022, the scope of NEET is extended for admission to Nursing and Life Sciences Undergraduate Courses. In coming years it is to become mandatory for any undergraduate course.
Universities are established by the Government of respective States in India. The laws enacted by various State Legislatures in India for establishing respective Universities become infructuous with respect to regulation that includes deciding the qualification for admission into various courses in that university. States are reduced to level of administrative units without any power to formulate its own policy and make its own law according to the needs of the People of the State. On one side NEET is anti-federal that violates the vision and various provisions of the Constitution of India. On the other side, NEET is against the academic pursuit of the child. NEET kills the learning spirit and drives the children to coaching centres.
It is very important to note the Government of India establishes and administers only Special Schools like Sainik Schools, Kendriya Vidyalaya and Navodaya Schools, specially funded and in most cases children have to pay fee. General Schools are established, administered and funded by the respective State Governments. Education is Cost Free in many States and in some States Children until they complete their Higher Secondary Course (+2) need not spend a single rupee for their education. Some States, apart from free education, provide cash incentive for children to study. In States like Tamil Nadu, on successful completion of their Higher Secondary Course (+2), along with cash incentive, Gold is given for girl children at their marriage age, when they get wedded. The intention of such incentives is to ensure that all children, especially girl children are able to enter the college and pursue higher education. The Higher Secondary Evaluation is strict and fool proof in most of the States without room for any mal practice.
The Government of India declares that the +2 evaluation under taken by various boards, including CBSE, meaningless since it is not considered as eligibility for admission to under graduate medical course in any college, even established and administered by the respective State Government and affiliated to Universities established by the State Law.
Students are forced to go to coaching centres for getting trained for NEET. They are forced to concentrate more in coaching centre training than the school classroom learning. As a result they do not perform well in board exams. In future there will be a serious shortage for subject experts in various basic science subjects. The advertisement that appeared in newspapers after NEET results were declared makes one easily understand that most of the students who are able to undergo NEET coaching parallel to the Higher Secondary Classes at least from +1 and who are able to continue full time coaching for more than a year after completing +2 are alone able to secure top places in the NEET and secure seat in UG Medical Course in a college of their choice. In many cases, the student get enrolled in more than one coaching company and get their study material and prepare for NEET. It is clear that those who have money, who can spend few more years in coaching centres alone will be able to enter Medical Courses.
Age wise, although students complete +2 at the age of 17 or 18, they are forced improve their score in NEET by spending additional years and money in their successive attempts and in most cases it is only above 20 years, one enters Undergraduate Medical Course. Huge Money involved and the family circumstance force the really deserving, talented students with attitude and aptitude to serve the people as doctor to opt out of this commercial race.
Evaluation is part of the syllabus. Syllabus is designed according to age of the learner. Syllabus spells out the topics for the text that is prescribed as learning material, the pedagogy to be adopted, and the expected learning out to be evaluated at the end of the course. Accordingly, the respective boards – CBSE, ICSE and various State Boards – conduct Public Examination to assess the learning out come and declare the results. Once the assessment conducted by the board proves that the student is able to exhibit the required skill in the respective subjects and possess the expected level of cognitive skill for that age such students are declared eligible to proceed for their higher studies. The basic question that arises is why a student who has successfully completed the Higher secondary / Senior Secondary (+2) Course and cleared the Board Exam conducted by the respective Board is forced to appear for another Test that is conducted by an agency?
The Syllabus and the prescribed text for both Board Exam and the test conducted by another agency are one and the same. Securing high score in Board Exam does not make a student eligible for admission into medical UG course, after clearing the board exam, the score secured in a Test conducted by another agency on the same syllabus make a student eligible for admission into Medical UG Course. Does this make any sense?
The Board that conducts the examination is the organ of the Government either Union or State. If the Union is not satisfied with the method adopted for evaluation, the respective board may be asked to adopt a method that could assess the student better. If one could say that evaluation by a board which is part of the government could not assess the student properly then should the board change its method or the student be punished? Asking the student to appear for another evaluation by another agency after clearing the board exam is nothing but torturing the student. The crudest punishment that is not expected from a civilized society.
Syllabus being the same, a CBSE student secures lower score in NEET but secures high score in Board Exam conducted by CBSE. Another student secures high score in NEET but low score in Board Exam conducted by CBSE, who is to be considered meritorious. If NEET is the bench mark to assess the skill of the student in the respective subject, then that student should have at least secured same percentage in board exam also. Why the student secured less in board exam, even after securing high score in NEET?
The answer is very simple. It is multiple choice question in NEET. The student is thrust into coaching factory, which trains the student to understand the testing pattern of the agency conducting NEET and repeated mock test makes the student perform well. It is test, test and test all through coaching period and nothing more. Except for very rare case, students cannot clear NEET without going to a coaching centre. The student needs to learn the technic. In NEET, a student gets our marks for each correct answer and minus one for each wrong answer. If a student writes 100 correct answer the student gets 400 marks. If the same student writes 80 wrong answers it loses 80 marks. That means 400 – 80 = 320. The student secures only 320 marks. To avoid negative marks the student is forced to go to coaching centres.
Out of the three subjects namely Physics, Chemistry and Biology (Zoology and Botany), an affluent student finds one or two subjects difficult and still wishes to pursue medical course as the parent are wealthy enough to pay any amount demanded by the medical college, the coaching centres will advise the student to leave the difficult subject and get trained in subjects that is comfortable for the student. Physics has 45 questions, Chemistry has 45 questions and biology has 90 question. All carry equal marks. (45+45+90= 180 x 4 = 720) Out of 720 marks if a student attempts only 90 questions, student can get a maximum of 360 marks. In 2021 NEET, the qualifying mark is 138. That is one who had secured 138 becomes eligible to admitted in UG Medical Course. A student who has skipped physics and chemistry or skipped biology and attempted only 90 questions in the NEET, still the student can at the maximum secure 360 marks. If such student is able to secure only138, still that student becomes eligible for admission into Medical College and pursue MBBS.
Such student, who got low score and who did not attempt any questions in two out of three subjects can get admission in Management Quota of any Private College or Private Deemed University. How is it possible? A student who secured 350 or 400 and gets a seat in Management Quota and finds it difficult to mobilise the amount demanded by the Private College / University, the student opts out. The seat vacated by the better scored student is offered to a student with lower score but able to pay the fee demanded. Such students with money and affluence get admitted. Where is the Merit? NEET could neither ensure merit nor end commercialization of education.
In admission based on +2 marks this is not possible. Student should secure high marks equally in all the three subjects in +2 Board Exams. The high scoring student who could not get admission in any college in India has two option either spend another year and prepare for next attempt or if fortunate enough to secure a seat in countries like Ukraine at affordable cost will go abroad to study. Even for these two options parents should be to some extent wealthy and affluent or the student should find philanthropic support.
The Prime Minister of India without taking this aspect into account is suggesting to students to study in India and he is inviting investors to start private medical colleges and is advising States to offer land for such investors. It is more disturbing to see the Union Ministers abusing students who have gone abroad to study medicine, just because they were unable to pay hefty fee in India. The 7.5% inner reservation for Government School Students in Tamil Nadu is only for those students who were able to enter this race and were able to attend coaching classes. Most of the poor have withdrawn from the NEET race and given up their desire to pursue medical course due to their family environment. Private coaching companies lure the students’ right from Sixth Standard / Grade. They ask the students to download their company App. The parents are forced to pay the fee for the school and fee for the coaching centre. Both the students and parents are exploited. NEET has only further commercialized school education. The poor, the oppressed who have been deprived of education for generations together have no means to send their children to study beyond the Government School. The family condition, social environment do not permit the children to spend time to study beyond school hours. Such students who are really talented, who studied in depth the prescribed syllabus and were able to perform well in board exams simply opt out of the race not because they cannot compete but because they cannot find time and have no access to coaching centres.
The message of NEET is simple. You spend no money for school education. Still you have good score in board exam. You will not be allowed to enter higher education. One who is able spend money will enter the coaching centre and such people who spend money alone can step into higher education. NEET is an international test. Indians have to compete with Foreigners, NRI, PIO and OCI. NEET coaching is a huge market. It is a billion dollar business. 18% GST is levied. For every lakh of rupee paid as fee for coaching centre government collects Rs. Eighteen lakhs as GST.
State Governments spend money to educate children. Union Government Collects 18% GST for Coaching Classes. If this economics is understood, it is easy to understand why NEET is imposed.
NEET neither abolished commercialisation nor ensured merit. As a spiralling result, students who have spent huge money, time and precious youth in preparing for NEET and thereafter on successful completion of their Five Year Medical UG course, are lured by corporate hospitals. The need to recover the money spent will not allow them to serve in Government Primary Health Centres in remote villages for a minimum government salary, which further needs patience and tolerance to forego all sophistications in life. Government Hospitals, more particularly rural primary health centres will face closure for want of qualified doctors and corporate hospitals will fill that space. Private clinics in the place of Public Health Centres will serve as feeder hospitals for identifying and referring patients to the corporate hospitals. NEET will not only commercialise education but also commercialise the medical care. NEET will have a far reaching effect in States like Tamil Nadu, where there are good number of Post Graduate seats and Super Specialty Seats in Government Colleges. In the long run, there will be shortage of medical teaching professionals in Government Colleges and such colleges will lose seats for lack of teaching faculty. NEET is Anti Constitution, Anti Federal, Anti Poor, against the academic pursuit and the people of India.
History of NEET in Brief
As part of Liberalisation, Privatisation and Globalisation (LPG) and subsequent offers made to World Trade Organisation under General Agreement on Trade in Service (WTO-GATS), private players were allowed to enter medical education and medical care sector. As a result, within a decade from 1995 to 2005, number of Private Institutions were established and in their greed to make quick money, private institutions admitted students who had money to pay but had less scores in the qualifying examinations. Things went beyond the control of Medical Council of India (MCI) and to escape from its own misdeeds, MCI in the year 2009 came out with a proposal to conduct National Eligibility cum Entrance Test (NEET) to regulate admission and control the arbitrary collection of money from students. The Union Government gave its approval and MCI issued the Regulation making NEET mandatory for all Under Graduate Medical Course admission.
The gazette notification dated 21st December, 2010 was issued for implementing NEET. This notification is a Subordinate Legislation as it was not passed as law in Parliament but issued as a regulation by the authority. Several States in India had their own Legislation to regulate admission into Under Graduate (UG) Medical Course. When dispute arise between legislation and subordinate legislation, only the legislation will prevail.
When the MCI Regulation making NEET was challenged in the Madras High Court, the State Legislation was upheld and the State continued to follow its own admission procedure and the MCI Regulation could not be implemented in Tamil Nadu till 2016. The same was the position in States which had their own legislation with regard to admission to UG Medical Course. Minorities Institutions went on appeal to Supreme Court and several States were also party in the case before the Supreme Court. In 2013, Three Judges Bench of Supreme Court, by its majority judgement struck down the subordinate legislation namely the gazette notification of MCI Regulation that mandated NEET. MCI filed a Review Petition. The then Union Government did not proceed to amend the IMC (Act) to implement NEET through Legislation.
After the Lok Sabha Election in 2014, Government headed by Mr. Narendra Modi assumed office at the Centre. In 2014, an expert Committee headed by Dr. Ranjit Roy Chaudhury was constituted to study the functioning of MCI and give suitable recommendation. The Committee gave its Report. It recommended replacing MCI with NMC and suggested various structural changes. With regard to the irregularities in admission and collection of huge amount from students in Private Medical Institutes, the Repot expressed deep concern and recommended Common Entrance Test in order to regularize the admission prevent collection of huge amount.
The Report of the Committee was placed before the Health and Family Welfare Department Related Parliamentary Standing Committee (PSC). The Committee after extensive study gave its report which was tabled in both the houses of the Parliament as the 92nd Report of the PSC. The report expressed deep concern over the usurious amount collected for admission in Private Medical Institutes from students and recommended Common Medical Entrance Test (CMET) to be conducted across the country barring the States that do not wish to come into the ambit of CMET.
In the Modern Dental College Case hearing, the Supreme Court expressed concern over commercialization of Medical Education and wanted to end the same. Union Government submitted the reports of the Expert Committee and 92nd Report of the PSC in the Supreme Court and said that the report was under the consideration of the Government. The Five Judge Bench of the Supreme Court reserved the Judgement in March 2016. Meanwhile, the Review preferred by MCI was heard in April 2016 and in its order dated 11th April, 2016, the Supreme Court, without assigning any reason, recalled its 18th July, 2013 Judgement and directed the matter to be heard afresh without any reason.
Sankalp, an NGO approached Supreme Court asking for direction to conduct NEET throughout India. The CBSE and MCI expressed their willingness to conduct NEET and the Three Judges Bench of the Supreme Court by its order dated 28th April, 2016 stated, that since the Judgement dated 18th July is recalled, the MCI Notification dated 21st December, 2010 became operative and there is no difficulty in implementing the MCI notification. The Court further said “It may however be clarified that by this order hearing of the petitions which are pending before this Court will not be affected.”
On 2nd May, 2016 the Five Judges Bench of the Supreme Court delivered its Judgement in the Modern Dental College Case. The Court Upheld the Madhya Pradesh State Government Legislation with regard to UG Medical Course. The Judgement said “Once the notifications under the Central statutes for conducting the CET called ‘NEET’ become operative, it will be a matter between the States and the Union, which will have to be sorted out on the touchstone of Article 254 of the Constitution. We need not dilate on this aspect any further.” The Judgement further said, “In view of the above, while the Expert Committee Report mentioned above is yet to be acted upon by the Government, we do not express any view on its contents. We direct the Central Government to consider and take further appropriate action in the matter at the earliest.” The concurring judge in the Judgement said, “the scope of entry 66 must be construed limited to its actual sense of ‘determining the standards of higher education’ and not of laying down admission process. In no case is the State denuded of its power to legislate under Entry 25 of List III. More so, pertaining to the admission process in universities imparting higher education.” The field of ‘higher education’ being one such field which directly affects the growth and development of the state, it becomes prerogative of the State to take such steps which further the welfare of the people and in particular pursuing higher education. In fact, the State Government should be the sole entity to lay down the procedure for admission and fee etc. governing the institutions running in that particular state except the centrally funded institutions like IIT, NIT etc. because no one can be a better judge of the requirements and inequalities-in-opportunity of the people of a particular state than that state itself. Only the State legislation can create equal level playing field for the students who are coming out from the State Board and other streams.”
Union Government acted in contravention to the spirit of the Judgement.
The Supreme Court on 2nd May, 2016 directed the Union Government to consider the 92nd Report of the PSC. The Report recommended CMET to be conducted across the country barring the States that do not wish to come into the ambit.
What Did the Union Government do?
On 24th May, 2016 Union Government through a Presidential Ordinance amended IMC Act and inserted Section 10D which made NEET mandatory. Later Ordinance was replaced by IMC (Amendment) Act, 2016. Union Legislation made NEET mandatory in 2016. Union Government acted against the spirit of the Supreme Court Judgement and Constitution of India which is based on the principle of federalism. PSC in its report recognised the Right of the State Government. The Union Government failed to uphold the Right of the State Government under the Federal Constitution.
Evolution of NMC Act:
The 92nd Report of the PSC was handed over to the NITI Aayog to draft the NMC Bill. The NITI Aayog in its Report on IMC Act, 1956 dated 7th August 2016 states as follows:
Fee Regulation: After detailed deliberations and discussions, the Committee concluded that the NMC should not engage in fee regulation of Private Colleges.
The conclusion was reached on three counts:
- Micro-management could potentially encourage rent seeking behaviour in the NMC
- A fee cap would discourage entry of private colleges thereby undermining the objective of rapid expansion of medical education.
- Enforceability of such a regulation is doubtful and is bound to encourage the continuation of the underground economy consisting of capitation fees and payments demanded on various pretexts throughout education. Hon’ble Supreme has made a stopgap arrangement of fixation of fee for Private Colleges by a State level Committee chaired by a retired High Court Judge. This has failed to control under the table capitation fee payments and other periodic fees on various pretexts.
Once a merit-based transparent admission system (with reservations for the deprived sections as determined by State governments) is in place, there is no need to regulate the fees charged by private medical colleges. Medical institutions may be required to transparently advertise the tuition and any other fees upfront on their websites with no other fees permitted.
In view of these competing arguments and interests, a balance is required between the giving a free hand to the promoters of the institution and avoiding disruption of the prevalent practice. Accordingly, the committee recommends that NMC may be empowered to fix norms for regulating fees for a proportion of seats (not exceeding 40% of the total seats) in private medical colleges. For the rest, the institution may be given full freedom to charge the fees that they deem appropriate.
For-Profit Entities and Private Medical Colleges:
Currently, only ‘not-for- profit’ organizations are permitted to establish medical colleges. The Committee deliberated whether the draft bill or the regulations issued by the government should explicitly include a provision to permit ‘for- profit’ organizations to establish medical colleges. Given the shortage of providers and in recognition of the fact that the current ban on for-profit institutions has hardly prevented private institutions from extracting profits albeit through non-transparent and possibly illegal means, it was felt that any restriction on the class of education providers would be counter-productive. Therefore the Committee recommends delinking the condition for affiliation / recognition from the nature of the promoter of the medical college (viz. Trust, not for Profit Company).
NITI Aayog concludes that Government failed to regulate fee and further declares that it is impossible to regulate. Having come to such a conclusion in order to regularize the admission it proposes NEET. Fault is with the Government but the punishment is for the student.
The Supreme Court had stated that education is “noble occupation” and cannot permit commercialization and the institutions must run on the basis of “no profit no loss”, the NITI Aayog had said the current ban on ‘for-profit’ institutions has hardly prevented private institutions from extracting profits albeit through non-transparent and possibly illegal means, it was felt that any restriction on the class of education providers would be counter-productive. As per NITI Aayog, since the Government is inefficient to prevent illegality in collection of fee, it should allow the transaction to happen legally.
NITI Aayog, with total disregard for the concerns expressed by the Expert Committee, PSC and the Supreme Court has recommended “for profit” institutions. What was illegal before NEET is made legal after NEET. Instead of collecting capitation fee, which is illegal, the NITI Aayog had allowed the institutions to collect as much money as needed as tuition fee by transparently declaring the fee. NEET has only legalized commercialization of education.
The argument, even after 70 years of Republic, that Government is not having resources to run medical colleges hence, the private should be allowed to enjoy full freedom to admit the people even with lower score, if they are able to pay the required fee and the Government should not place fee cap for all the seats is not acceptable as it is against the spirit and provisions of the Constitution of India. This approach demolishes even their own theory of merit based admission.
Consider the case of high scorers in NEET. If there are 50 seats under management quota in Private Colleges / Deemed University, for which the institute itself can fix the fee and Government cannot interfere, and there are 50 students rank wise in merit list with high score. After allotment of seats in that particular college / Deemed University, all the fifty students are not in a position to pay the fee demanded by the college / deemed University, what will happen to the students.
Will Union Government come forward to pay the fee for all the students? Will the Government stand guarantee and secure loan for the student? After UG Medical, the student will proceed for PG Medical, who will bear the fee for PG Medical Course? When will the person earn enough to enable him to repay the loan? What will be the interest? Will the lending bank wait for years together?
If the top scorer in the merit list opts out, naturally the next with low score gets admitted? The Twin objective of CMET, as proposed by the Expert Committee and the PSC, was to regulate the admission and fee in Private Medical Colleges / Deemed Universities. NEET has defeated both the purpose. It is a pure myth that NEET ensures Merit. NEET only protects the Management. The percentile system adds fuel to fire. There may be 100 people in a particular percentile and any one from that percentile may be selected. The reason for adopting percentile method from percentage method remains a mystery as the erstwhile MCI had stated that the connected files were missing.
NEET is not free from malpractices. Leakage of question paper, tampering of score card, candidate writing exam with the help of Bluetooth in exam hall, impersonation – for a candidate in one State, another person writes the exam in another State – and many such mal practices are reported both in conduct of NEET and in admission based on NEET. Cases are booked, students and elders including parents are arrested, criminal investigation is in progress and cases are pending in courts
In 2019 the Draft NMC Bill prepared by the NITI Aayog was placed before the PSC. The Union Health Secretary concealed the facts – anti NEET agitation in Tamil Nadu, the TN Bill seeking exemption from NEET and several mal practices reported in the NEET – and said NEET was already implemented successfully. PSC was convinced through suppression of facts and misleading statement and the approval to NMC Bill, 2019 was secured through its 109th Report. Dr. K. Kamaraj, Member of Parliament (Lok Sabha) from Tamil Nadu was a
member in the PSC. He had given his dissent note which is annexed to the 109th Report of PSC. His dissent explains why NEET should not be imposed on the State.
NMC Bill became Act. A Serious question remains unanswered. How a Union Legislation can encroach upon State Legislative domain. Regulation of University is a State Subject. States have enacted laws to establish State Universities. How can the Union law say that UG Medical Admission shall be based on NEET for all universities established under any law? Can a Union Act make a provision of the State Act, enacted in a subject listed in State list, infructuous?
According to the NMC Act not only NEET becomes mandatory, the Fee regulation for private medical institutes got relaxed. According to the Act, Government can fix fee only for 50% of seats. Rest of the 50% fee shall be decided by the management. They need to transparently state their fee. They can collect as much as they feel necessary to provide the required facilities for the students. This goes against the spirit of the Supreme Court Judgement dated 2nd May, 2016. Citing the eleven judge bench in TMA Pai case the Court said, “Education is treated as a noble ‘occupation’ on ‘no profit no loss’ basis. Thus, those who establish and are managing the educational institutions are not expected to indulge in profiteering or commercialise this noble activity. Keeping this objective in mind, the Court did not give complete freedom to the educational institutions in respect of right to admit the students and also with regard to fixation of fee.”
NITI Aayog allowed commercialization of medical education and made NEET mandatory not only for Private Medical Colleges but for also the State administered colleges. While the interest of poor and needy and to ensure quality medical care for all was the concern of Expert Committee, PSC and the Supreme Court of India, the interest of the investors and their Profit was the concern of the NITI Aayog. The concern of the Expert Committee, the PSC and the Hon’ble Supreme Court was based on the premises of the Constitution of India and aimed to prevent commercialization of Medical Education and to regularize admission to medical courses in order to ensure that merit is not compromised for commercial interest of the Private Medical Colleges and Deemed Universities. The concern of the NITI Aayog was based on the commercial interest of the Global Financial Capital. NITI Aayog failed to recognise that the Right to Education and Health flows from Article 21 read with Articles 14, 15, 16 and 41 of the Constitution of India. NITI Aayog failed to study the Subjects covered under Entry 32 of List II and Entry 44 of List I in Schedule VII under Article 246. It also failed to understand that education is not an exclusive subject matter listed under List 1. Moreover, Hospitals come under State List. Medical Education and Medical Care cannot be separated. NITI Aayog was not concerned that its recommendation for NEET is altering the basic feature of the Constitution of India i.e. Federal Structure as defined in the Keshavanada Bharathi Case.
A reading of the terms and conditions of the General Agreement on Trade in Service (GATS) under World Trade Organisation (WTO) will help to understand how and why the concept of NEET is introduced.
People all over the world have requested their respective Government to withdraw education from the GATS negotiations. Government of India has not till date made public the offers made in WTO under GATS, TFA, etc. The question arises if the NEET is against the interest of the People at large, then why and for whose interest it is being thrust on the people of this country violating the vision and various provisions of the Constitution of India. Once the access to market is provided by the Government, the vested interest want various laws, rules, regulations and bench marks adopted by various State Governments in India to be replaced by a single law, rule, regulation along with a single bench mark for admission process throughout India.
NEET is not the Product of any Educational or Medical Expert Committee. NEET is the Product of commercial interest. NEET is not based on the Principle of Equality. NEET is based on the market dictum of ‘might is right’ and the concept of ‘survival of the fittest’ without considering the struggle for survival of socially oppressed and economically weak. The object of CMET as proposed by the expert committee and recommended by the PSC in its 92nd Report and asked by the Supreme Court to be considered is to prevent irregular admission process in Private Self Financing Medical Colleges and Universities and not aimed at interfering in the Medical Colleges and Universities incorporated, administered and regulated by the State Governments.
It is misleading to say that NEET is implemented because of the directions of the Supreme Court. NEET is the idea mooted by the NITI Aayog with total disregard for the Expert Committee, PSC and the Hon’ble Supreme Court direction to the Union Government to consider the Recommendations of the Expert Committee and the 92nd Report of the PSC. Making NEET mandatory is an attempt to unsettle the settled law that the State may adopt such measures for the advancement of Socially and Educationally Backward Classes. NEET is irrational, unscientific, unconstitutional and against the interest of children.
A child observes and learns. Environment and accessibility play a key role in educational development of a child. Cognitive skill develops according to age. Syllabus is prescribed according to age. A person less than eighteen years of age is not an adult. Why is the child forced to attend School and coaching simultaneously? It is said that every person should be allowed to work for eight hours, rest for eight hours and sleep for eight hours. Does this not apply to children? Attending school and coaching class is a double load of work. At tender age it causes great stress for children. They need to forego all co-curricular and extra-curricular.
There are NEET repeaters. Three chances are given without age cap. In the first attempt, if the score is not high enough to secure a seat in a college of their affordability, students undergo coaching for the next attempt and if not in second attempt, they go for further coaching to make a third attempt. Thus people with financial resource, possible social condition and family environment alone will be able to pursue Medical Education. How can a fresh Higher Secondary student coming from poor economic background and from socially and educationally backward classes be able to compete with much affluent student who is attempting for the second or third time with four to five year specialised NEET Coaching i.e. Two years parallel NEET Coaching while studying Higher Secondary and further coaching for every attempt?
NEET not only commercialised medical education, it also commercialized school education. Almost all private self-financed schools force the children to enrol in NEET coaching right from Standard six and in Standard eleven and twelve the children are forced to concentrate more in NEET coaching than the Higher Secondary Course. Big corporate and MNCs have entered the NEET coaching and Schools have become their marketing places. Students are made to pay School fee and NEET Coaching Fee. NEET Coaching is a highly profitable multibillion dollar business. Some of the Text book writers for Higher Secondary Course have gone to the extent of terming the Higher Secondary Text Book as “NEET Material”.
Coaching centres are mushrooming in metropolitan cities and they charge exorbitant fees. The Fee varies according to the location of the coaching centre and facilities offered. How can a daily wage earner pay in Lakhs of Rupees for the coaching of their wards? The coaching for NEET is a very lucrative market that is fast growing.
Medical Education Admission process based on NEET both at UG and PG will demolish the strongly built Public Health System in Tamil Nadu and over a period of Time there will be a huge challenge especially to the Primary Health Centres (PHC). Trade vultures are eagerly waiting to grab any possible opportunity to replace the PHCs with chain of private clinics operated by MNCs.
Constitution of India is clear and the Supreme Court has clarified that the differences that arise on the subjects under Entry 25 of List III in Schedule VII under Article 246 can be harmoniously settled between Union and the States under Article 254.
The political leadership in Tamil Nadu cutting across parties, including the National Parties, understood the issue early and have taken a lead role in opposing Entrance Exam for any Under Graduate Course and it became a serious issue in the Tamil Nadu Legislative Assembly Election 2021. The people of Tamil Nadu both in the Parliamentary election in 2019 and in the election to Tamil Nadu State Legislative Assembly in 2021 have clearly voted for the manifesto that rejected NEET.
In the Parliamentary Democracy the ultimate Sovereignty lies with the people. People through their ballot place the sovereignty in the hands of their Representative who form the Government. The representatives of the people are law makers. Success of Democracy lies in respecting People’s Mandate. President of India should uphold the Constitution of India by giving his assent to the “The Tamil Nadu Admission to Under Graduate Medical Courses Act, 2021” Bill. People all over India should rise their voice in support of the Tamil Nadu Bill.
Further to this the Union Government should withdraw NEET and CUCET. All States and Union Territories may pass Bill similar to the Bill adopted by Tamil Nadu State Legislature. A conference of Chief Ministers and Minister for Education from all States may be convened to discuss the issue. Student organisations may take a lead role in organizing such conference and carry forward the campaign at all levels.
On the floor of the Constituent Assembly on 25th November, 1946, Babasaheb Dr. B. R. Ambedkar “The States under our Constitution are in no way dependent upon the Centre for their legislative or executive authority. The Centre and the States are co-equal in this matter……. The chief mark of federalism as I said lies in the partition of the legislative and executive authority between the Centre and the Units by the Constitution. This is the principle embodied in our constitution. There can be no mistake about it. It is, therefore, wrong to say that the States have been placed under the Centre. Centre cannot by its own will alter the boundary of that partition. Nor can the Judiciary.”
The appeal of “Chennai Declaration” that was adopted in the “All India Conference for Abolishing Commercialisation of education and Building a Common School System” organised by SPCSS-TN in association with AIFRTE at Chennai in 2012 is more relevant in the present context. “The students’ organisations can become harbingers of the movement and act as catalysts for taking forward the process of mobilising people in democratic struggles for social transformation. We appeal to the progressive intellectuals to associate with the movement reclaiming people’s educational rights and not to succumb to manipulation by the State in the name of its farcical ‘inclusive agenda’. This Declaration realizes deeply that the struggle for educational rights of the people must be inter-linked with the struggles being waged by the people all over the country against neo-liberal attacks on their democratic rights over Jal- Jangal – Zameen and Jeevika (water, forest, land and livelihood).