Legal hurdles and the political demonisation of NEET in Tamil Nadu

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A fiercely competitive politics, compelling narrative, and a strong nexus between promoters of some private medical institutions and politicians have made Tamil Nadu stand out as the only state to oppose the National Eligibility-cum-Entrance Test (NEET).

This exam was prescribed by the Supreme Court on an all-India basis for admission into medical colleges to do away with ills like exorbitant capitation fees, denial of opportunities for meritorious students, and ensure standards in medical education across India. Admissions to medical colleges are administered centrally under the All India Quota, which marks 15 percent of total seats, while the rest are filled by the states based on NEET scores.

‘Demonic’ NEET

Ever since the exam was introduced in Tamil Nadu in 2017, there have been a spat of suicides by aspirants, which has provided a high emotional matrix that portrays the Centre as a villain for backing a ‘demoniac’ NEET. Evoking the issue of Tamil Nadu being ‘denied’ its right to open its colleges for its own students on the basis of their high school performance, Dravidian political parties have weaved a narrative that NEET ‘disadvantages’ students from rural and poor backgrounds (who cannot afford coaching) and those studying in boards other than the Central Board of Secondary Education (CBSE).

As a consequence, an unending race between the Dravida Munnetra Kazhagam (DMK) and the All India Anna Dravida Munnetra Kazhagam (AIADMK) governments has seen its leaders trying to outbid one another in a bid to dispense with the requirement of the qualifying exam for admission into undergraduate medical degree courses.

Since the assembly polls in May when the NEET issue was milked to bring political windfall, the ruling DMK has been under pressure to implement its election pledge to do away with NEET.

On September 8, days before he was to appear for NEET for medical colleges for a third time, a 19-year-old boy from a village in Ariyalur, committed suicide. On September 12, a 19-year-old medical aspirant from Salem committed suicide hours before appearing for NEET. These death triggered a political storm of sorts with a blame game directed at Tamil Nadu Chief Minister MK Stalin who targeted the Centre for being “obstinate” on the matter, and assured passing a Bill in the Assembly on “permanently exempting” Tamil Nadu from the ambit of NEET. On September 12 itself, yet another 19-year-old aspirant from Ariyalur, committed suicide over fears of not clearing NEET.

On September 13, the Tamil Nadu Assembly passed a Bill to enact a law for scrapping NEET. It asked to provide for admission to medical courses based on Class 12 marks to ensure social justice.

All parties, with the exception of the Bharatiya Janata Party (BJP), supported the new Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021.

The BJP has taken a more measured stand. State BJP chief K Annamalai has questioned the opposition to NEET saying that the examination enables social justice — and the 2019 admission break up is proof: of the total 3,050 seats, 1,594 seats went to Backward Class students, 720 went to Most Backward Class students, 600 seats went to SC/ST students, and 136 seats went to Forward Community students.

State Vs Centre

Normally, a Bill requires the assent from the Governor to become a law. Stalin's contention is that this Bill deals with education, which is a Concurrent List subject. Admissions to medical courses fall under Entry 25 of List III, Schedule VII of the Constitution, and therefore the state is competent to regulate the same.

Yet, as far as matters relating to determination of standards for higher education is concerned, the central government has the powers to amend a clause or repeal an Act.

So, just the passing of the Bill doesn’t enable the students to get exempted from writing NEET. Already, Union Higher Education Secretary Amit Khare has held that if any State wants to opt out of the exam, it has to seek permission from the Supreme Court.

The apex court had, on August 17, mandated that Tamil Nadu must follow the practice across the country, and admit students to undergraduate medical courses on the basis of their performance in NEET. This Bill cannot just come into effect without the President's assent, because it challenges a central legislation on the basis of which NEET was introduced.

According to the Constitution, though the State and Union both have the power to legislate, the law passed by Parliament prevails and the law made by the State is void. Article 254 of the Constitution is clear on this score. In such cases, the President’s assent is required for such State laws that are inconsistent with Union laws.

President’s Assent

Ironically, the AIADMK regime had passed two similar Bills, one each for undergraduate and postgraduate medical courses, but the President did not give assent.

How is the DMK regime hoping to succeed where the AIADMK failed? In fact, Stalin has gone by most provisions of the AIADMK regime's Bill for the new Bill. What is Stalin trying to prove?

Some legal experts cite the example of what happened in 2007 when the DMK, which returned to power in 2006, passed a fresh law to abolish the entrance test and admit students from all streams on the basis of marks obtained in the qualifying examination. The Act received the President’s assent and came into effect on March 7, 2007. The Madras High Court upheld the Act, and the abolition became complete.

At that time, the DMK was part of the Congress-led UPA government and got the Centre to support its move. Certainly, the Narendra Modi government is unlikely to go against the apex court's stand and grant Tamil Nadu exemption from NEET.

It is to be seen how Tamil Nadu new Bill will play out. While the Dravidian parties are playing to the gallery on the NEET issue, the BJP, which is on the political fringes in the state but powerful at the Centre, will have to go the extra mile to stand its ground on what is clearly an emotive issue in Tamil Nadu.

Shekhar Iyer is former senior associate editor of Hindustan Times and political editor of Deccan Herald.

Views are personal and do not represent the stand of this publication.