NEET ROW: AK Rajan committee’s continuation on a sticky wicket

The Madras high court has indicated that it is bound to stay the proceedings of the A K Rajan committee, which was constituted by the Tamil Nadu Government to study the impact of NEET-based medical examination on students from Government-run-schools saying that it has not got the leave of the Supreme Court in this regard.

The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made the observation while ordering notice to both the State and Union on a plea moved by the Tamil Nadu BJP challenging the setting up of such committee.

“There can be little room for the State to set up any committee for the purpose of ascertaining whether the NEET based admission process has prejudicially affected socially backward students, the petitioner suggests that the setting up the committee is futile and any recommendation made by such committee cannot be implemented in the light of the view taken by the Supreme Court on NEET,” the bench said while seeking the State to file its counter and the Union to indicate its stand.

However, advocate general R Shunmugasundaram submitted that the creation of the committee was a policy decision of the Government backed by the election manifesto and demand of the people.

But the bench on observing "May be. But if it is contrary to the SC order, then it cannot be permitted,” in a clear indication that the functioning the committee cannot be allowed.

The petitioner K Nagarajan, General secretary, BJP, had submitted that the Supreme Court on August 22, 2017 had categorically held that the admission to medical colleges in Tamil Nadu should be done as per the marks obtained in the NEET examination.

“Once a judgment has attained finality, the State in exercise of its executive power cannot overrule the same. This is nothing but supersession of a judicial verdict. Be it the Parliamentary statute or the verdict of the Supreme Court, it cannot be wished away by the State Government at its whims and should fall in line with the National legislation,” the petitioner said.