Dubbing as 'lame and frivolous' the government's stand on the National Eligibility cum Entrance Test (NEET), Sanklap Charitable Trust will file a fresh petition in the Supreme Court to oppose the ordinance while alleging it is against the Constitution, law and separation of power aimed at eventually stalling reforms in medical fields.
Amit Kumar, the lawyer for Sanklap Charitable Trust, told ANI the ordinance is also against the balance which is there in our Constitution because the executive cannot overwrite the decision of the judiciary by ordinance that is against the Constitution, adding the decision of the judiciary is final and binding.
"What the ordinance is saying that the decision of the Supreme Court will not be enforced for period of one year. This kind of ordinance has never been issued in our history and, therefore, this ordinance will be challenged as early as possible as and when it is promulgated and notified in the gazette," he said.
When asked to comment on the concerns put forth by the state governments, the lawyer said these grievances were also ventilated before the Supreme Court, adding language and time is not the issue.
"The honourable Supreme Court heard each and every state, the honourable Supreme Court heard Union of India. The Union of India never objected before the honourable Supreme Court that NEET should not be implemented uniformly throughout the country. Now, suddenly the Union of India is taking a U-turn and raising all these peas," he said.
The petitioner's lawyer further said as far as regional languages are concerned, the CBSE orally submitted before the apex court that in 2013 not a single candidate from vernacular was able to qualify for MBBS.
"Now, the medium of instruction in MBBS is English and the requirement of regulation of MCI is also that you must pass English in Class12th.The private medical colleges are also holding the examination in English. So, language is not the issue," said Kumar.
"And time is also not the issue because they were having sufficient time. All students, who are aspiring to be a doctor, know that they have to give the examination after two years. They all study physics, chemistry, biology and, therefore, they knew that the examination is going to take place," he said, adding the apex court has also taken care of this concern by giving them the additional time till July 24.
Meanwhile, Sanklap Charitable Trust mentor Gulshan Garg, whose writ petition led to implementation of NEET from the current academic year, said that they would first go through the content of the ordinance and added that this should not have been brought.
"Media reports earlier said that some states and government bodies were given respite taking note of the syllabus and language. But we will challenge this because whatever is mentioned in the ordinance or is being discussed had already been discussed at length before the Supreme Court," said Garg.
"Now, whatever points have been discussed before the Supreme Court and the result has been declared, if you bring them as an ordinance then it's not legally viable. We will challenge this. They should have instead come up with a new point because the representatives of deemed universities, private colleges, state governments have discussed all points," he added.
Union Health and Family Welfare Minister J.P. Nadda today said the government was clear from the very beginning and has always been in favour of NEET.
Addressing the media here, Nadda said NEET has been given a firm statutory basis following the signing of the ordinance.
President Pranab Mukherjee earlier signed the ordinance to keep state boards out of NEET for MBBS and dental courses for this year.
The ordinance on NEET is aimed at partially overturning an apex court order that had taken into account the multiple medical entrance tests by states and private colleges as well as allegations of corruption.
