Agencies
New Delhi, May 3: The Jammu and Kashmir government on Tuesday sought exemption from the National Eligibility-cum-Entrance Test (NEET) for medical admissions, contending that the state enjoyed special status under Articles 370 and 35A of the Constitution of India.
In an application filed through advocate Sunil Fernandes, the state also pleaded that its assembly had enacted a law in 2002 setting up the Board of Professional Entrance Examinations (BOPEE) to conduct entrance tests and select candidates for admission to various courses, including medical for which 450 undergraduate seats were available.
A Bench comprising Justices Anil R Dave, SK Singh and AK Goel are hearing the pleas of several states and associations of colleges and deemed universities seeking similar relief. On April 28, the Bench had passed an order, mandating that all medical institutions across the country should admit students only on the basis of NEET results, primarily to ensure transparency and save the students from the need to appear in several entrance tests and payment of capitation fee.
Jammu and Kashmir pleaded that BOPEE enjoyed functional autonomy for conducting the entrance tests and for the selection of candidates, free from any external interference or extraneous considerations.
The Board was discharging its statutory obligation in a fair and transparent manner strictly in conformity with the BOPEE Act, besides the regulations of the Medical Council of India and Dental Council of India.
Under the 2002 Act, only permanent residents of the state could appear in the entrance test. Even the 42ndConstitution amendment to place education on the concurrent list was not applicable to Jammu and Kashmir, it said.
Further, the state had its Reservation Act 2004 providing for a unique system of reservation for SC and ST categories, besides socially and educationally backward classes such as JKPM, CDP, SP, ALC TFW (tuition fee waiver for people with low income) and P&B (poor and backward. |
