RTI replies show Union Health and Ayush Ministries strongly opposed Tamil Nadu’s NEET exemption Bill

The Union Ministry of Health and Family Welfare (MoHFW) and the Ministry of Ayush strongly opposed the Bill passed by the Tamil Nadu Assembly to exempt the State from the National Eligibility-cum Entrance Test, replies obtained under the Right to Information Act showed.

The Ministry of Ayush went to the extent of saying that the Bill “may likely to hinder the unity of India”. It was responding to a questionnaire sent by the Ministry of Home Affairs (MHA), seeking the feedback from the two Ministries after the Bill was forwarded to the MHA for the President’s assent by the Tamil Nadu Governor in April, after a considerable delay.

The RTI replies were obtained by the State Platform for Common School System-Tamil Nadu (SPCSS-TN). The questionnaire sent by the MHA to the two Ministries had three main questions and many sub-questions.

Addressing the media here on Wednesday, P.B. Prince Gajendra Babu, general secretary, SPCSS-TN, said the question asked by the MHA on “whether the Bill endangered the sovereignty, unity and integrity of the nation” itself was insensitive and malafide.

While the Ministry of Health and Family Welfare answered “No” to this question, the Ministry of Ayush answered “Yes”. To a question on whether the legislation was constitutionally valid, both the Ministries answered “No”. Similarly, both said that the Bill was in conflict with the National Medical Commission Act, 2019, which mandates NEET, and therefore could not be allowed. Both said Tamil Nadu’s Bill would be “a hindrance to the enactment of uniform laws for the country”.

Alleging that the comments sought from the two Ministries by the MHA was a delaying tactic, he said the replies were further proof that the Union government was not keen on recommending the Bill for the President’s assent.

‘Make response public’

After receiving the feedback of the two Ministries, the MHA forwarded their comments to the Tamil Nadu government through the Governor in June, seeking its response. While the State government has responded, it has refused to share the same under the Right to Information Act when a request was raised by Mr. Babu. He urged the Tamil Nadu government to table its response in the Assembly immediately.

He argued that all the reasons given by the Union Ministry of Health and Family Welfare and the Ministry of Ayush for opposing the Bill were unjustified. Highlighting their argument that the matter was on the Concurrent List of the Constitution and therefore the Central law superseded the State’s law, he said that Article 254 (2) of the Constitution enabled a State law to be in force in that State even if it contradicted the Central law.

He appealed to the Tamil Nadu government to pass another resolution in the Assembly, urging the President to proactively call for the Bill from the Union government and grant assent. He said SPCSS-TN had sent a detailed memorandum to the President, requesting the same. A booklet containing the representation with a summary in Tamil was released here on Wednesday.