Supreme Court Upholds NEET Requirement for Pursuing MBBS Abroad

The Supreme Court of India has upheld the regulation mandating qualification in the National Eligibility-cum-Entrance Test (NEET) for students aspiring to pursue an undergraduate medical degree from foreign institutions. The judgment, delivered by a bench comprising Justice B.R. Gavai and Justice K. Vinod Chandran, dismissed multiple petitions challenging the regulation imposed by the Medical Council of India (MCI).

Background of the Case

The case originated from a challenge against Clause 8(iv) of the Foreign Medical Institution Regulations, 2002, which was amended in 2018 to require Indian students seeking admission to foreign medical institutions to first qualify in NEET. The petitioners, led by Arunaditya Dubey, contended that the amendment was introduced without proper legislative backing and infringed upon their rights. They argued that the requirement for a qualifying NEET score imposed an additional burden, restricting access to international medical education.

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The case, registered as Writ Petition (Civil) No. 1205 of 2019, was heard alongside W.P. (C) No. 1221 of 2019, SLP (C) No. 15598 of 2021, and SLP (C) No. 15875 of 2022.

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Legal Issues Involved

Legislative Authority: The petitioners contended that the NEET requirement was introduced via a regulation without amending the Indian Medical Council Act, 1956.

Violation of Rights: The petitioners argued that the regulation imposed an arbitrary restriction on their right to education abroad.

Retrospective Application: The petitioners sought a one-time exemption, arguing that students who had already secured admission in foreign institutions should not be subjected to the new rule.

The respondents, represented by senior advocate Gaurav Sharma and a team of lawyers, defended the regulation, asserting that it was enacted under the Medical Council’s authority to regulate medical education and ensure competency among future practitioners.

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Supreme Court’s Ruling

The Court ruled in favor of the MCI, holding that the NEET requirement was valid and did not violate any statutory provisions or constitutional rights. The bench observed:

“The regulation does not in any manner conflict with the enactment. The additional mandate to satisfy the eligibility criteria ensures a fair and transparent procedure in the grant of Eligibility Certificate.”

The Court emphasized that medical education requires stringent eligibility standards to maintain quality and protect public health. The judgment clarified that students who had taken admission to foreign institutions post-2018 did so with full knowledge of the amended regulations and could not claim exemption.

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“With open eyes, after the amended regulations came into effect, if any candidate chose to obtain admission in a foreign institution for pursuing a course leading to a primary medical qualification, they cannot seek an exemption from the regulations.”

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