Exemption for TN Government Medical Colleges & Private Medical colleges Seats from NEET
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COTSO & Ilanthamizhagam Movement (YTM),
The Prime Minister,
Government of India,
Government of India,
Sub: Petition demanding Exemption for Tamil Nadu Government Medical Colleges & Government Seats in Private Medical Colleges from NEET - and the demand to Forward the Two TN Bills on Medical & Dental Admission to the President.
Ref: TN Bills Reserved for Presidential Assent by the Governor of TN on 18th February, 2016:
1. The Tamil Nadu Admission to MBBS and BDS Courses Act, 2017 and
2. The Tamil Nadu Admission to Post Graduate Courses in Medicine and Dentistry Act, 2017.
We humbly submit the following for your Kind consideration and expeditious action:
1. I represent for myself and for brothers and sisters eager to persue Medical Course.
2. We are the students of Tamil Nadu belonging to socially and educationally backward classes.
3. The Government of Tamil Nadu established Medical Colleges in various district of Tamil Nadu for the benefit of the students like us.
4. We learnt that the 92nd Report of the Department Related Parliamentary Standing Standing Committe on Health and Family Welfare Tabled in Lok Sabha and Rajya Sabha on 8th March, 2016 Recommended a CMET, now called NEET, to be conducted across the Nation barring the States that do not wish to come into the ambit of CMET.
5. The Supreme Court Constitutional Bench consisting of 5 Judges on 2nd May, 2016 in the Judgement delivered in the Modern Dental College case had said,
"Once the notifications under the the Central statutes for conducting CET called “NEET” become operative, it will be a matter between the States and the Union, which will have to be sorted out on the touchstone of Article 254 of the Constitution. We need not dilate on this aspect any further." ......... " In fact, the State Government should be the sole entity to lay down the procedure for admission and fee, etc., governing the institutions running in that particular State except the Centrally funded institutions like IIT, NIT, etc., because no one can be a better judge of the requirements and inequalities in opportunity of the people of a particular State than that State itself. Only the State legislation can create equal level playing field for the students who are coming out from the State Board and other streams.”
6. As per the recommendation of 92nd Report of the Parliamentary Standing Committee and the Supreme Court Judgement in the Modern Dental College case, the Union of India should have made provision for exempting the States which do not wish to come into the ambit of NEET, instead it partially implemented the recommendation by granting exemption for one year i.e. 2016-17 only.
7. By the strength of the Recommendation of the Parliamentary Standing Committee, the Judgement of the Supreme Court and the provisions of the Constitution of India, the Tamil Nadu Legislative Assembly Passed Two Bills cited in the reference above and The Governor of Tamil Nadu reserved the same for the Assent of the President of India on 18th February, 2017. Since then, the Bills are in the Ministry of Home Affairs, Government of India.
8. We the students, seeking admission into MBBS / BDS for the year 2017-18 where the students studying in +1 in the academic year 2015-16, the same year our seniors where in +2 and they sought admission for MBBS/BDS for the year 2016-17, both our seniors & ourselves we admitted and completed our Higher Secondary Course (i.e. +1 & +2) under the same syllabus.The Statement of Objectives and Reasons in the IMC (Amendment) Bill, 2016, admits that the syllabus for State Level Examination is different from the NEET Syllabus and exempts the States which do not wish to come into the ambit of NEET for the year 2016-17 alone, violating our Right for Equal treatment.
9. Right to Equality is a Fundamental Right Gauranteed by the Constitution of India (Article 14).
10. Article 19 guarantee the Right to Practice the Profession of one's choice.
11. Article 21 guarantee the Right to Life, Supreme Court in several cases held that the Education and Health are integral part of a life with dignity.
12. The Government of India by not forwarding the Two Bills cited in the reference above, after completing the procedure for grant of Assent, to the President of India, is dennying the Fundamental Right that the Constitution has Guaranteed us.
13. We earnestly request the Hon'ble Prime Minister to take necessary action to the complete the process for Presidential Assent for the Two Bills cited in the reference above and forward the same to the Hon'ble President of India for Grant of Assent to the Bills expeditiously and help us to persue our studies.
14. We place this Petition to the District Collector and earnestly request the District Collector to forward the same to the Hon'ble Prime Minister, Government of India.
COTSO & Ilanthamizhagam
Place : Chennai
Date : 1.8.2017
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