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A Supreme Court bench of Justices Nageshwar Rao and Gavai today directed the State of Tamil Nadu to  allotted for Post Graduated Medicine courses at CMC Vellore from the NEET merit list of students belonging to Christian Minority. The court further shall be allotted to all PG seats from the merit list and counselling.

Christian Medical College, Vellore filed a writ petition challenging a communication dated 29th December 2021 issued by the Additional Director, Admission and for a direction to the respondents not to interfere with the admissions of CMC for 2021-22. The communication stated that the admission for 21-22 will be on basis of Christian minority as per NEET Score.

Shyam Divan, Senior Advocate, appearing for CMC Vellore submitted that the CMC has been conducting admissions by taking students only after they have qualified NEET, the students admitted are on recommendation of the the Additional Director. He further submitted that CMC follows a fair and transparent method of selecting Christian community sponsored by diocese after being accorded with a geographical code. It was submitted that such students are given admission after completion of counselling and on the merits of NEET. He submitted that for the past 3 years, admissions were permitted for UG and PG courses through common counselling for 74% seats in UG and 70% in PG, he further submitted that the present practice may’ve continued for this year as well.

Divan referred to a judgment of Madras HC in Madha Engineering College wherein section 2(c)(3) of TN admission in professional institutions act 2006 was declared violative of Article 30 of the Constitution of India. It provides that 50% of seats in minority institutions shall be filled by govt, however an appeal against the judgment is pending before Supreme Court.

Amit Anand Tiwari, Additional Advocate General of TN, argued that admissions to UG and PG courses are governed by graduate admission regulation 1997 and PG regulations 2017. He submitted that admission to UG and PG courses should be on the basis of merit in NEET exam. He also relied upon the judgements of the court to submit that it is well settled that govt is permissible in admissions to minority institutions as well. He submitted that the selection of candidates from a particular sect of Christians is contrary to law. He admitted from 2018-19 students who were nominated by petitioner from Protestants were being granted admission, State realised such students are lower in merit to other students belonging to Christian minority who secured higher marks. Tiwari submitted that similar points were were canvassed before this court in a plea filed by CMC in 2020.

The court on hearing the submission held that it was of the view that for the present academic year students shall be allotted by State from the NEET PG merit list of students belonging to Christian Minority. It further held that students shall be allotted to all Post Graduate seats from the merit list and counselling. The court held that  it has not expressed any view on merits and listed the matter for further hearing in March.

Case title: CMC Vs State of Tamil Nadu