The validity of the National Eligibility cum Entrance Test (NEET), the pre-medical entrance for candidates seeking admission to government and private medical colleges in India, has been challenged by the State of Tamil Nadu in the Supreme Court. The State has filed a plea as an original suit under Article 131 of the Constitution, which grants the Supreme Court the authority to resolve disputes between the Central government and one or more States.
The State argued that NEET violates federalism by usurping the state's authority to admit students to government seats in medical colleges. The State has put forth the claim that "education" falls within its jurisdiction to legislate on and that they possess the right to regulate education for State Universities.
Additionally, the plea alleges that the NEET exam infringes on the right to equality as guaranteed under Article 14 of the Constitution, as it has disproportionately impacted students in Tamil Nadu, particularly those from rural areas and those who attended schools affiliated with the Tamil Nadu State Board of Education. The plea argues that NEET aggravates existing inequalities and places students from rural backgrounds who received education from State Board Schools at a disadvantage compared to their peers from urban and semi-urban areas with greater access to resources.
The plea challenged Section 14 of the National Medical Commission Act, which requires NEET for admission to undergraduate and postgraduate super-specialty medical education at all medical institutions. It also challenges comparable provisions in the National Commission for Indian System of Medicine Act, 2020, and the National Commission of Homeopathy Act, 2020.
Tamil Nadu has also filed a petition for a declaration that the SC's judgment in Christian Medical College, Vellore & Ors v Union of India is not binding on the State regarding NEET's applicability to government seats.
The state government had constituted an earlier nine-member committee to examine the impact of NEET for medical admissions on socially disadvantaged students. On July 13, 2021, BJP leader Karu Nagarajan filed a challenge before the Madras High Court, however, it was dismissed.
In 2013, the SC declared the National Eligibility Entrance Test unconstitutional. After review petitions were filed against the 2013 judgment, the top court recalled that judgment in 2016.
