The Supreme Court on Monday recalled its controversial 2013 judgement that scrapped single common entrance test (NEET) for admission to MBBS, BDS and PG courses in all medical colleges and decided to hear the issue afresh.

It said that the 2013 judgment delivered by 2:1 majority had failed to discuss it among other members of the bench headed by then Chief Justice of India Altamas Kabir. Kabir had pronounced the verdict on the day of his retirement. While Justice AR Dave in the 2013 verdict had given a dissenting verdict, Justice Vikramjit Sen (since retired) had supported the views and findings of Kabir on the NEET. Justice Dave while dissenting upheld the NEET on the ground that the policy was “legal” as it would stop corrupt practice which enabled undeserving students to get admissions by paying huge capitation fees or donations.

The majority verdict, on the other hand, had said that common test seems “attractive” but it is “fraught with difficulties” and would “perpetuate” divide between urban and rural students in the name of giving credit to merit.

A five-judge Constitution Bench headed by Justice Dave on Monday was unanimous in saying that the July 18, 2013, 2:1 verdict of the three-judge bench, which had paved the way for private colleges to conduct their own examination, “needs reconsideration” as “the majority view has not taken into consideration some binding precedents”.

“Suffice it is to mention that the majority view has not taken into consideration some binding precedents and more particularly, we find that there was no discussion among the members of the Bench before pronouncement of the judgment,” the apex court said.

Allowing the petitions seeking review of the controversial 2013 judgement, the bench also comprising justices A K Sikri, R K Agrawal, Adarsh Kumar Goel and R Banumathi ordered the petitions filed by Christian Medical College, Vellore and others, on which the verdict was delivered, “be heard afresh”.

“Till the matter is decided, NEET can be implemented,” the top court said.

The 2013 verdict, delivered on the day when CJI Kabir demitted office, had created a buzz in the apex court
corridors as an advocate had posted on a social networking site about the outcome in
advance.

Interestingly, Justice Dave then too in his dissenting judgement had said the three judges of the bench “had no discussion on the subject due to paucity of time” which is normally done.

The order will affect over 600 private medical colleges in the country. Over 90 medical entrance tests are held across India.