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        2020 (4) TMI 904 - SC - Indian Laws

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        Common entrance admissions and centralised counselling for medical education upheld as valid regulation protecting merit and transparency. Common entrance testing and centralised counselling for medical and dental admissions were upheld as valid regulatory measures because the right to ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Common entrance admissions and centralised counselling for medical education upheld as valid regulation protecting merit and transparency.

                          Common entrance testing and centralised counselling for medical and dental admissions were upheld as valid regulatory measures because the right to establish and administer educational institutions does not include a right to maladminister. The Court accepted that minority and non-minority institutions may be subjected to reasonable regulation to secure merit, transparency, fairness, and educational standards, especially in professional education. It also held that the admission framework was designed to prevent capitation fee and commercialisation and did not place minority institutions at a disadvantage or destroy their character or autonomy. The challenge under Articles 19(1)(g), 25, 26, 29(1), and 30 therefore failed.




                          Issues: Whether the prescription of a uniform national entrance examination and common counselling for admission to medical and dental courses is a valid regulatory measure and whether it violates the constitutional rights of unaided and aided minority institutions.

                          Analysis: The regulatory scheme was examined in the light of the settled position that the right to establish and administer educational institutions does not include a right to maladminister. The Court relied on the principle that minority and non-minority institutions are subject to reasonable regulatory measures meant to secure educational standards, transparency, merit, and fairness, particularly in professional education. It noted that common entrance testing and centralised counselling are permissible where they advance merit, prevent capitation fee and commercialisation, and satisfy the requirement of a fair, transparent, and non-exploitative admission process. The Court further held that the challenged provisions do not place minority institutions at a disadvantage vis-a -vis others and do not destroy their character or autonomy.

                          Conclusion: The uniform entrance examination regime and the allied admission framework were held valid, and the challenge based on Articles 19(1)(g), 25, 26, 29(1), and 30 failed.

                          Ratio Decidendi: Regulatory measures prescribing a common entrance examination and merit-based centralised admission for professional medical and dental education are constitutionally valid if they are reasonable, non-discriminatory, and designed to secure transparency, merit, and educational standards without destroying the minority character of the institution.


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