Enemies of the people of J&K are making controversy over NEET-2016.

17 May 2016 22:06:47

Daya Sagar

So finally, a bench of Justices A R Dave, Shiva Kirti Singh and A K Goel of Supreme Court of India has on this 9th May finally opined and ordered the National Eligibility cum Entrance Test (NEET) did not infringe upon the rights of state governments or private institutions and this test scheme (NEET) must be implemented from 2016 academic year itself for all admissions to MBBS/BDS in government medical colleges, deemed university medical colleges and private medical colleges.

The SC has also asked a three member committee headed by former Chief Justice R. M. Lodha oversee the conduct of NEET-­II. This also in a way settles the appeal made by J&K Government on 1st May raising the issue of J&K ‘having special status ‘ under Art-370 even when Government of India in a written reply to a starred Question No : 138 (Shri Anil Desai MP : 138-a : Whether it is a fact that through Article 370, the Constitution gives special status to Jammu and Kashmir ?) that  “ in the Constitution of India, there is no mention of ‘Special Status to Jammu and Kashmir’.

First phase of the test was held on 1st May and II phase will be held on 24 July as per the directions given in SC order of 28 April2016. Let the youth of India and that of Indian state of J&K be truthfully informed about NEET. There is no change except that there will be only one test for all students seeking admission to MBBS/ BDS courses applicable to all Medical colleges in India. Earlier also the students from J&K used to appear for all India tests where the students from different syllabus and environment used to compete ( yes only difference was that all could not appear due to distances and fee to be deposited for countless tests ). As regards local tests so far conducted by Governments (like in J&K by BOPEE)  & private medical colleges ( like  ASCOM in J&K) it has to be understood that  in case of NEET also there will be competition among local students only under local rules like PRC requirement / reservations like 50 % for woman since two merit lists will be drawn, one for State level institution  eligibility and other for National level.

Those who are trying to draw unfair political advantage by the dragging in 'special status' controversies or Art 370 or concurrent/ state/ union list debates are enemies of the innocent people of J&K. 'They' must be defeated and it is in 'their' interest also to only approach SC for such considerations since the technical aspects have already been seen by SC and can be reexamined if needed only by supreme court. The Mehbooba Government should not have made objections in the name of special status when Mehbooba Ji herself is understood to have told BJP leadership that old ‘vote bank’ controversies  hovering around India vs J&K debates should be avoided since otherwise the coalition will not be stable. It will not be good for the health of ‘stability’ in J&K to talk in the ‘style’ of “Kashmir issue”, instead it will be worth yielding more of success to talk of “issues in J&K”. More so another question is that why oppose NEET when it will benefit the common man of J&K more than the earlier system?  Rather, why not the system should be further promoted and bettered.

With the decision as of 09052016 of SC on NEET no one should worry. The fears being expressed and cultivated are unfounded. Two separate merit lists for all India level merit and individual state level merit will be drawn. For state level rules / laws applicable to individual medical colleges as regards seats reserved only for the students from a particular state there will be no change and competition will be only among students of a particular state for reserved / seats kept for a particular state or local people or minority. So, where comes the question of students of a particular state to be at disadvantage due to the local state board of secondary education syllabus or local PMT syllabus or local medium of instruction? All students from a particular state will be at equal footing as regards local colleges and state rules.

As regards the all India seats students from States like J&K were earlier also subjected to similar syllabus / common all India test.

As regards the time for preparation, students of a particular state for local colleges will be at equal footings. More so, SC has also allowed the students who want to fore go the test they had taken on May 1 to appear for test on 24 July undertaking that their score in May 1 test may not be considered.

Yes surely one class of college managements and that of applicants are going to be at disadvantage. The private medical colleges / non government medical colleges will not be able to take in people by their choice since they will have to take on the basis of NEET merit and hence they will have to only remain satisfied with the fee officially  fixed ( no doubt still some managements will try to extract money from admitted students by some other methods but that will not be that easy & lucrative for the managements). Other class getting agitated is that of some parents and students who have economic power to pay under hand to 'buy' admission from managements worth accommodating them inspite of their low merits and suitability through 'management' seats or the management conducted exam process for admission for their college for all or part of total seats as per local laws.

It is also being alleged that some rich parents (some may be even practicing medicos) go for ‘private’ agreement with private colleges for allowing their wards to complete MD/MS even without attending the colleges regularly simply as they want MD/MS degree to be displayed in their already running private clinic  against payment of heavy amounts . How far MCI has been accused of compromising with deficiencies in private colleges and playing strict as regards government colleges is not an unknown common understanding these day. More so common man is generally not benefited from the private colleges in routine since the experience has shown that the private colleges offer on ground very less free ( general) medical services to the patients and in a way directly or indirectly inflate the medical expenses through clinical / other tests even for general ward patients.

More so in the present system it is a common accusation that the doctors who come to private colleges by paying even unimaginable amounts  as large as 30 to 50 Lac INR for MBBS seats and thereafter may spend another 30 to 100 Lac INR for MD/MS seat when come to field they have to give priority to medical enterprising / business over medical ethics and hence will only like to serve the effluent class or those helpless common people who have to even at occasion put their family survival at risk worth arranging hefty sums by selling their properties / taking loans. Now with NEET like qualifying system atleast some check will be put on the private colleges to overcharge the applicants and may be doctors coming out form such colleges  in return do a little less fleecing of patients. Somepeople  may be pained with my observations , some may say that in case I have such information that must be shared with government so that action could be taken against the accused. But to them I shall say that what I have said is what may be 90 % of Indian people too  be feeling and could be observed by law enforcing agencies without much difficulty in case they really want to perform their duty. Those who still would feel that what I have said is wrong,may kindly excuse me..

J&K Government had appealed against the order on new scheme of TEEN inSupreme Court of India ( Supreme Court on 28th April last paved the way for National Eligibility Entrance Test (NEET) 2016  for admission into medical colleges directing  the Centre and CBSE to go ahead and conduct two-phase single common entrance test for MBBS, BDS and PG courses through the NEET ). One of the Administrative Secretaries of J&K Government was quoted as having said on  28th April  that since J&K has a ‘special status’ under Art-370  of Constitution of India  so Supreme Court  decision of 28th April cannot  have its affect  on J&K .as regards admissions in local medical / dental colleges, J&K Government will go on appeal.And  J&K Government has gone for appeal.

There is nothing wrong in going for appeal in Court against an executive order or a court order  but the way the government representatives / spokespersons have been quoted making objections in media as regards TEEN  surely needs to  be objected keeping in view the direct or indirect controversies that have been all these years used  by the mainstream political parties for their political game plans even concerning the sensitive issues like 1947 accession of J&K with India, constitutional oneness of J&K, J&K being ‘total’ India like Punjab or UP.. All these years Art-370 has remained under debates, more particularly it has been named for providing ‘Special Status’.to  J&K and has been more used by some people to  project J&K as a state ‘distantly’ placed from India as compared to UP or Punjab.Where as it is no more than a simple article of constitution of India  where under subjects falling in Union list , concurrent list and J&K specific State list could be identified and it no where provides any Special Status to J&K in Constitution of India. Unfortunately over the years Art-370 of COI  has been projected by some in such a way that inspite of their calling it a ‘special status’ article for J&K  the   controversies over it have been of more of damage to people of J&K to the extent that local people have been divided on regional lines.

Better way for the State Government would have  been to plead on the ground  that the NEET scheme 2010 for admission to MBBS & BDS courses  cannot be applied to J&K since the subject falls in J&K specific ‘state list’ and not by making reference of ‘some’ non existent constitutional special status of J&K in public statements.  But .the way the issue has been projected through media statements on 28 April2016 order of Apex court concerning validity of NEET  scheme of MCI 2010 ,  it has been in a way like challenging authority of India wrt J&K State. A state bureaucrat making public statements referring Art 370 & constitutional special status of J&K is highly undesirable.Rather Mehbooba Mufti as Chief Minister should reorient her people including bureaucracy onconstitutional concepts. Rather copy of the written reply made in Rajya  Sabha on 11th March 2015 by MOHA to starred question 138 (SHRI ANIL DESAI MP ) {(a) whether it is a fact that through Article 370, the Constitution gives special status to Jammu and Kashmir } stating that  “(a): in the Constitution of India, there is no mention of ‘Special Status to Jammu and Kashmir’. Article 370 provides for ‘Temporary provisions with respect to the State of Jammu and Kashmir’” should be circulated to all senior officers and ministers / MLAs so that all correct their concepts on some constitutional facts. ..

( *Daya Sagar is a Sr journalist  and a social activist)

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