The Supreme Court on Monday upheld the provisions of a Madhya Pradesh law which enables government to have 50 per cent shares in management seats in private dental colleges, saying there was no violation of right of autonomy of educational institutions in Common Entrance Test (CET) being conducted by the State or in fixing fee.
“There was no violation of right of autonomy of the educational institutions in the CET being conducted by the State or an agency nominated by the State or in fixing fee.
“The right of a State to do so is subject to a Central law. Once the notifications under the Central statutes for conducting the 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 artof the Constitution,” a Constitution bench headed by Justice Anil R. Dave said.
The apex court also ordered constitution of a three-member Oversight Committee, headed by ex-CJI R. M. Lodha, to oversee the functioning of the Medical Council of India with regard to the entrance test.
“The said Committee will have the authority to oversee all statutory functions under MCI Act. All policy decisions of MCI will require approval of the Oversight Committee. Committee will be free to issue appropriate remedial directions,” the bench said adding that the committee will function till the Centre puts in place any other appropriate mechanism in this regard.
“Initially the Committee will function for a period of one year, unless suitable mechanism is brought in place earlier which will substitute the said Committee,” the bench said. -
PTI
