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SC Confirms NEET as Essential for Indian Students Seeking MBBS Admission Overseas
In a recent ruling, the Supreme Court of India upheld the validity of the regulation set by the former Medical Council of India (now the National Medical Commission - NMC), which mandates that Indian students seeking to pursue an MBBS abroad must qualify the NEET exam if they intend to practice medicine in India. This requirement was introduced in 2018 and has been in effect since.
The petitioners in the case, led by Arunaditya Dubey, argued that the NEET requirement was imposed through a notification rather than an amendment to the statute itself, and as such, should not be enforceable. However, the Supreme Court bench, consisting of Justices B R Gavai and K Vinod Chandran, ruled that the NEET eligibility criterion does not violate the Constitution or conflict with the Indian Medical Council Act, 1956. The court found the regulations to be reasonable and non-arbitrary, refusing to offer any exemption or one-time relief.
The court also referenced the amendment to the Indian Medical Council Act in 2001, specifically Section 13(4B), which requires students intending to pursue medical education abroad to obtain an eligibility certificate from the Medical Council. It emphasized that the NEET qualification requirement, introduced in 2018, ensures a fair and transparent process for granting eligibility certificates.
The Supreme Court clarified that while these regulations do not prevent students from practicing medicine outside India, they ensure that only those who meet the established criteria are allowed to practice in India. The decision reaffirmed that candidates who choose to study abroad after the regulation's implementation cannot seek exemptions from the NEET requirement for practicing medicine in India.
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