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CMC v Union of India & Ors

CMC v Union of India & Ors

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Published by Bar & Bench
Christian Medical College v Union of India

The NEET judgment
Christian Medical College v Union of India

The NEET judgment

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Published by: Bar & Bench on Jul 18, 2013
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cases. Mr. Jayanth Muth Raj, learned Advocate appearing

for the Petitioner, repeated and reiterated the

submissions made earlier in regard to the law as laid

down in the T.M.A. Pai Foundation case (supra) and in

P.A. Inamdar's case (supra) and urged that the impugned

Notifications had been issued in violation of the

decisions rendered in the said two cases and in other

subsequent cases indicating that private institutions had

the right to evaluate their admission procedure based on

principles of fairness, transparency and non-

exploitation. Mr. Muth Raj submitted that in the

absence of any consensual arrangement in the case of the

Petitioner, the MCI or the Dental Council of India could

not compel the Petitioner to accept the National

Eligibility-cum-Entrance Test on the basis of the

impugned Regulations. Learned counsel submitted that to

that extent, the impugned amended Regulations and the

Notifications issued to enforce the same were ultra vires

Page 106


Articles 14, 19(1)(g) and 26 of the Constitution and were

liable to be struck down.

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