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Judgment
Subject,Theory,Practical,Marks obtained for 200
Tamil,,,195
English,,,192
Physics,149,50,199
Chemistry,148,50,198
Biology,150,50,200
Mathematics,,,200
Total Marks,,,1184
,,,
Percentage of seats,63%,37%,
Percentage of eligible merit list candidates,9.3%,38.73%,
like Jharkand, Odissha, Bihar and North East states have not sought such exemption.",,,
As the State Government has been making various efforts to get exemption, probably it would have given an impression to the Students as well",,,
as the parents that the NEET would be exempted for this year also and therefore, they would not have prepared for the NEET examination very",,,
seriously. What the State Government should have done is while taking steps to get exemption on one hand, it should have prepared the students",,,
to face the NEET examination on the other hand simultaneously. However, the State Government had neglected to do it. Even the Central",,,
Government has not rejected the State Government''s request for NEET examination at the threshold. After alleged positive stand regarding TN,,,
Government''s NEET examination exemption as reported in the media on 16th and 17th August, 2017, the Central Government made its negative",,,
stand clearly only before the Hon''ble Apex Court on 22.08.2017. Till that time, the students have been under the impression that NEET",,,
exemption would be given. The conduct of the Central Government is also in a way responsible for this position. Though this Court was of the,,,
initial impression that Central Government and MCI, apart from State Government are responsible, a close consideration of the issue would reveal",,,
that it is only the State Government''s failure.,,,
Therefore, the following are the reasons for present situation:",,,
(a)Non-teaching of XI syllabus to the higher secondary students by the Schools, especially private schools in Tamil Nadu and resultantly, the",,,
students are unable to answer questions from XI syllabus in NEET exam.,,,
(b)Teaching XII subjects alone for two years to the students to get higher marks in the XII public examination.,,,
(c) Failure of the educational authorities to ensure that XI syllabus is taught in XI standard in the schools.,,,
(d)Non-conducting of examination for XI subjects at the end of academic year by the State Government.,,,
(e)Failure to teach the syllabus as recommended by Medical Council of India for NEET examination as stated in MCI letter dated 15.12.2016,,,
which is incorporated in page 29 to 39 of ""Information Bulletin"" NEET (UG) (Session 2017-18) issued by CBSE, as it is clearly stated in page 4",,,
of the ""Information Bulletin"" that Question papers for the test shall be based on a common syllabus notified by MCI in Appendix-I.",,,
(f) Failure of the State Government and private schools to circulate ""Frequently Asked Questions"" to the students and accordingly teach them and",,,
prepare the students for NEET examination.,,,
(g) Failure of the State Government to revise and update syllabus for the past 10 years atleast in terms of core syllabus as prescribed by MCI in,,,
2016.,,,
(h)Poor quality and pattern of teaching in Government Schools, especially in rural areas and lack of in service training to the teachers.",,,
(i) Lack of infrastructures and facilities available in the State Board schools, especially in the Government schools functioning in the rural areas.",,,
(j) Failure of the State Government to prepare the students for NEET examination from the commencement of academic year 2016-17, when",,,
NEET Qualification has become basis for medical admission.,,,
(k) The genuine steps taken by the State Government to get NEET examination for T.N students, gave an impression to the students that NEET",,,
exams would be exempted and made them not to prepare for NEET exam very seriously as they have been seriously preparing for XII,,,
examination.,,,
(l) The Central Government instead of rejecting the request for NEET exemption through ordinances at the threshold itself, it belatedly stated its",,,
negative stand only before the Hon''ble Apex Court on 22.08.2017 after its alleged positive stand regarding NEET exemption ordinances initially.,,,
Though Mr.R.Neelakandan, learned counsel appearing for the petitioner and Mr.Velmurugan and Mr.Suryaprakasam, learned counsels who",,,
prayed for impleading would strongly contend for increasing the number of medical seats to meet out the extra ordinary situation relying upon the,,,
judgment of the Hon''''ble Apex Court made in the case of Prithipal Singh and others v. State of Punjab and another reported in (2012) 1 SCC 10,",,,
this Court cannot given such a direction as it is a long process requiring the approval from Medical Council of India which only after getting,,,
convinced that necessary infrastructure are available for increasing the seats would pass the appropriate orders. The said step would not meet the,,,
present situation. No doubt, it is an extra ordinary situation which requires extra ordinary remedy. However, this Court cannot go beyond the",,,
order passed by the Hon''ble Apex Court and it is only for the State Government to consider and take necessary action.,,,
In view of the direction of the Hon''ble Apex Court, the prayer sought for by the petitioner cannot be granted and the writ petition is liable to",,,
be dismissed. Consequently, connected miscellaneous petition is closed. No costs.",,,
The State Government has already appointed a ten member Curriculum Frame Work Committee comprising of experts in education by,,,
G.O.Ms.No.146, dated 30.06.2017 and another thirteen member high level committee consisting of eminent educationalists in various fields",,,
through G.O.Ms.No.147, dated 30.06.2017 to revamp the curriculum and circulate questions for ensuing NEET examination to the students.",,,
Subsequently, in this regard, the Secretary, School Education Department has also filed an affidavit before this Court on 22.08.2017 in Writ",,,
Petition No.21600/2017 giving the details of steps taken by him to revamp and update the curriculum for standards I to XII from the academic,,,
year 2018-19 to 2020-21. Special teachers have to be appointed in the Schools only for preparation of the students for NEET examinations.,,,
More Government coaching centres have to be established to avoid fleecing by private coaching centres. Special care should be taken while giving,,,
coaching to the rural students who are not much equipped.,,,
This Court is only concerned with the mindset of the children and their parents who were all along been dreaming and working tirelessly to,,,
secure a seat in medical college. When the goal already fixed has become impossible, definitely one would feel let down and frustrated and would",,,
be compelled to think as if the whole world has come to an end, which is quite natural.",,,
Non-achieving one goal itself is not an end. The children and parents should feel that the God has reserved something great for children in,,,
future and that is the reason why they are placed in this unavoidable situation. Therefore, the children and parents should not feel let down and they",,,
themselves should realize the reality and march forward. Though it is very difficult, they should fix other goals which could be easily achieved by",,,
them in their life. This Court wants to remind the students like the petitioner who could not get a medical seat and their parents of a proverb,,,
Failure is the stepping stone of success"".",,,
Thinking that getting a medical seat itself is life, the children or their parents should not take any wrong step like suicides, as a few cases are",,,
also reported in the media. The world is big and the avenues and chances are very many. The world has become a small global village. Chances,,,
are available not only in the State or in the Nation but throughout the world. Therefore, this Court appeals to the parents and children not to lose",,,
their heart and not to take any wrong decisions. If they are very much particular about medical course alone, they can very well prepare themselves",,,
for future NEET examinations and be successful.,,,
Definitely, the children and their parents would have been frustrated and this Court understands the sorrow and pain of the children for having",,,
not achieved their life''s ambition. Before anybody could take away wrong decision, it is the duty of the Government to give counselling to those",,,
children and parents identifying them through their application. The Government can also rope in prominent personalities through the media and,,,
advice the children not to take any wrong steps and to motivate them appropriately.,,,
This alone is the need of the hour. This Court appeals to the educationalists and cinema personalities, to give advisory to the affected students",,,
to overcome the frustration and to motivate them. The political leaders, instead of continuing the issue as political one, they are also expected to",,,
make appeal to the affected students and parents and counsel them and it would have soothing effect.,,,
Education is a tool for empowerment of human beings and it is a basic necessity in the modern day life. It is the duty of the Government to,,,
impart education to its citizens and that is the reason why the right to education has been considered as a facet of Article 21 and it is recognized as,,,
fundamental right under Article 21-A of the Constitution of India. Therefore, every endeavor should be made by the State to give appropriate",,,
education with modern curriculum. The Hon''ble Apex Court had also insisted about the importance of education in the decision reported in (2017),,,
4 SCC 449, Mahatama Ganshi Mission v. Bhartiya Kamgar Sena and paragraphs 35 and 36 of the said decision are usefully extracted hereunder:",,,
35.Education is one of the most vital elements for preservation of the democratic system of Government. The Supreme Court of",,,
America in Wisconsin v. Yoder observed:,,,
...some degree of education is necessary to prepare citizens to participate effectively and intelligently in our open political system",,,
if we are to preserve freedom and independence.""",,,
36.Education becomes a basic tool for individuals to lead an economically productive life. An economically productive life of the,,,
individual not only improves the quality of life of the individual and his family but also contributes to some extent to the benefit of the,,,
society at large. Production of goods and services to a large extent depend upon the availability of technically qualified human,,,
resources. Technical education therefore has the potential to directly contribute to the economic prosperity of a technically qualified,,,
individual as well as the society.""",,,
In view of the above stated position, this Court hopes that from the experience gained in the NEET issue, the State Government would give",,,
top most priority to education, especially the School education.",,,