NMC GMER 2023 Allows Private Class 12 Students To Appear In NEET - Supreme Court
Supreme Court grants relief to the MBBS candidates said NMC GMER 2023 allows 12 private class students to appear in NEET exam. Check the latest updates.
Krati Saraswat7 Sept, 2023
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NMC, New Delhi: The Supreme Court has granted relief to a student who completed Class 12 as a private candidate, allowing them to pursue an MBBS course through the National Eligibility-cum-Entrance Test (NEET) counseling process. This development follows the National Medical Commission's (NMC) recent introduction of Graduate Medical Education Regulations (GMER) 2023.
The Supreme Court, represented by Justices PS Narasimha and Sudhanshu Dhulia, issued this order after considering the submission made by the NMC. According to the GMER 2023, private students can now participate in the NEET examination. However, the court has left open the possibility of further legal deliberation on this matter in the future.NMC GMER 2023 Allows Private Class 12 Students to Appear in NEET- Important Update
As per a report from Live Law, the petitioner student began her academic journey in the 2019-2020 session when she enrolled in Class 11th Biology. Due to the COVID-19 pandemic, she couldn't appear for her exams and was subsequently admitted as a private student in Class 12th for the 2020-2021 session. Over the next two years, she diligently studied biology and eventually scored above the NEET-UG cutoff marks under the freedom fighter quota.Certification Challenge by Petitioner
However, the Director of Medical Education in Madhya Pradesh issued a directive to the petitioner and other private candidates who had cleared their 10+2 examinations, requesting them to provide their Class XI mark sheets. Unfortunately, the petitioner's school did not issue Class XI marksheets to private students, leading to the rejection of her candidature for admission.Legal Change for Petitioner
The Supreme Court bench noted that the petitioner was denied participation in the MBBS course selection process solely because she lacked a recognized certification for passing the 11th-grade examination from a recognized school. This issue had its roots in the Graduate Medical Education Regulations of 1997, which excluded candidates like the petitioner from MBBS admission. However, an amendment in 2017 introduced Regulation 4(2)(a), which specified eligibility criteria. It initially stated that candidates must have completed two years of regular and continuous study in Physics, Chemistry, Biology/Biotechnology at the 10+2 level. Candidates who had passed their 10+2 exams as private candidates were ineligible for the National Eligibility-cum-Entrance Test.NMC's GMER 2023 Regulations
In June 2023, the NMC introduced the GMER 2023 regulations, clarifying that no aspirant could take the NEET-UG unless they met two criteria: being at least 17 years old by December 31st of the examination year and having passed 10+2 (or equivalent) with subjects including Physics, Chemistry, Biology/Biotechnology, and English. During the hearings, the counsel for the NMC, Advocate Gaurav Sharma, argued that the petitioner's previous objection was no longer valid, as the GMER 2023 regulations now made her eligible for MBBS admission. On August 28, 2023, the Supreme Court acknowledged that the petitioner was not allowed to participate in the MBBS admission selection process due to her lack of a recognized 11th-grade certification. However, it was revealed that she had already been allocated a seat in the counseling process. Unfortunately, on August 29, 2023, the State's Counsel informed the Court that the seat had been given to another candidate during counseling. In response, the Supreme Court asserted that, given the petitioner's prior seat allocation on August 7, 2023, she should have received admission per the court's previous order.Supreme Court Grants Relief To MBBS Candidate
The Supreme Court directed the NMC's counsel to review the situation and recommend necessary action. The Court also instructed that the admission letter issued to the candidate admitted under the Freedom Fighters quota must mention that her admission would be subject to the outcome of the ongoing writ petition. Subsequently, on September 4, 2023, the State of Uttar Pradesh counsel informed the Apex Court bench that a seat was available at Gandhi Medical College, Bhopal, under the Freedom Fighter Quota due to a vacancy after the second counseling. The petitioner expressed her willingness to accept this seat, and the Supreme Court directed the authorities to allocate the vacant seat to her, thus concluding the case.GMER 2023 FAQs
Q 1. Who can appear in the NEET examination under the GMER 2023 regulations? Ans . The GMER 2023 regulations allow candidates who have passed Class 12, including private students, to appear in the NEET examination. Q 2. Was the main challenge faced by the petitioner in this case? Ans. The petitioner's challenge was the lack of a recognized certification for passing the 11th-grade examination from a recognized school, which initially affected her eligibility for MBBS admission. Q 3. What is the minimum age requirement for NEET-UG candidates under GMER 2023? Ans. Candidates must be at least 17 by December 31st of the year they appear for the NEET-UG examination. Q 4. How did the Supreme Court address the allocation of the petitioner's seat during the counseling process? Ans. The Supreme Court directed that the seat allocated to the petitioner should not be withdrawn, ensuring she retained her allotted seat. Q 5. What role did the National Medical Commission (NMC) play in this case? Ans. The NMC introduced the GMER 2023 regulations, which clarified the eligibility criteria for NEET-UG and supported the petitioner's case by making private students eligible for MBBS admission.Who can appear in the NEET examination under the GMER 2023 regulations?
The GMER 2023 regulations allow candidates who have passed Class 12, including private students, to appear in the NEET examination.
Was the main challenge faced by the petitioner in this case?
The petitioner's challenge was the lack of a recognized certification for passing the 11th-grade examination from a recognized school, which initially affected her eligibility for MBBS admission.
What is the minimum age requirement for NEET-UG candidates under GMER 2023?
Candidates must be at least 17 by December 31st of the year they appear for the NEET-UG examination.
How did the Supreme Court address the allocation of the petitioner's seat during the counseling process?
The Supreme Court directed that the seat allocated to the petitioner should not be withdrawn, ensuring she retained her allotted seat.
What role did the National Medical Commission (NMC) play in this case?
The NMC introduced the GMER 2023 regulations, which clarified the eligibility criteria for NEET-UG and supported the petitioner's case by making private students eligible for MBBS admission.
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