In a major escalation of the long-standing NEET controversy, the Tamil Nadu government has taken the unprecedented step of approaching the Supreme Court after the President refused to give assent to its Anti-NEET Bill, originally passed in 2021. Calling the refusal unconstitutional and deeply harmful to disadvantaged students, the State has framed the issue not merely as an academic dispute but as a battle for federal rights and educational justice.
The petition—filed on November 15—challenges what Tamil Nadu describes as a “grave constitutional impasse,” one that undermines both the State’s legislative authority and its duty to safeguard equitable access to medical education.
A Legal Showdown Years in the Making
The core of the dispute lies in the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021, which sought to exempt the State from the National Eligibility-cum-Entrance Test (NEET) and restore admissions based on Class XII marks. The Bill was unanimously passed in the Tamil Nadu Legislative Assembly and forwarded to the Governor.
Instead of granting assent or returning the Bill with comments, the Governor referred it to the President under Article 201, a provision used when a State law may conflict with a Central law.
In March this year, Tamil Nadu was finally informed—via the Governor’s Secretariat—that the President had refused assent, without providing detailed reasons. This has now brought the matter to the Supreme Court.
Tamil Nadu Argues the President’s Refusal Is Unconstitutional
According to the petition prepared by Senior Advocate P. Wilson, the President’s refusal violates:
- State legislative autonomy
- Federal constitutional principles
- Proper interpretation of Article 201
- Article 254(2), which allows State laws to prevail over Central laws in certain cases when Presidential assent is granted
- Article 47, which obligates the State to protect public health
Tamil Nadu claims it answered every query raised by multiple Union Ministries, yet the Bill was rejected without explanation—making the decision arbitrary and legally unsound.
The petition demands that the refusal be declared invalid and that the Bill be treated as having received assent.
NEET: A System Tamil Nadu Says Is Deeply Unfair
At the heart of this legal clash lies a larger social question—Who does NEET really benefit?
Tamil Nadu argues that NEET:
- Favors urban, English-medium, CBSE-educated students
- Disadvantages rural and Tamil-medium students
- Creates a disproportionate barrier for poor families
- Has turned medical admissions into a coaching-dependent, money-driven system
The petition highlights that over 70% of students who clear NEET in Tamil Nadu are “repeaters”—students who drop a year or more for coaching, often costing lakhs of rupees.
On the other hand, first-generation learners from government schools, who once had a fair shot under Tamil Nadu’s old system, are virtually shut out now.
A State That Once Built an Equitable Admission Model
For decades, Tamil Nadu followed a unique, inclusive admission system:
- First, through the Common Entrance Test (CET)
- Later, through the Tamil Nadu Admission in Professional Educational Institutions Act, 2006
Admissions were based purely on Class XII marks, with a scientific normalization formula ensuring fairness for students across different boards.
The State argues that this system:
- Maintained academic quality
- Ensured transparency
- Promoted social justice
- Led to a 47% Gross Enrollment Ratio—far above the national average of 29%
The National Education Policy 2020 sets a target of 50% by 2035; Tamil Nadu already came close years ago.
The petition therefore argues that NEET disrupted a system that was working exceptionally well.
NEET and the Rise of a Massive Coaching Industry
Tamil Nadu’s 2021 study, conducted with expert committees and public consultation, showed overwhelming public support for removing NEET. Students, parents, teachers, and academicians argued that NEET:
- Fuels a multi-thousand-crore coaching industry
- Forces students to depend on private academies
- Creates economic and psychological pressure
- Favors financially privileged families
The study revealed that students from government and rural schools were almost entirely absent from medical seats after NEET’s implementation.
This, the State claims, goes directly against India’s constitutional commitment to equity.
A Constitutional—Not Political—Battle
Tamil Nadu insists this case is not simply about an exam; it is about federalism.
The petition argues that:
- States have the constitutional right to design admission policies tailored to their context.
- The Centre cannot impose a rigid, one-size-fits-all model on medical admissions.
- Tamil Nadu’s unique demographic and linguistic realities demand a unique system.
By refusing assent, the President has effectively blocked a unanimously passed State law—creating a constitutional roadblock that must be resolved by the Supreme Court.
What Happens Next?
The Supreme Court now faces a significant question:
Can the President’s refusal to approve a State bill be judicially reviewed?
If the Court rules in Tamil Nadu’s favour, it may:
- Restore the Anti-NEET Bill
- Reaffirm State autonomy
- Set a huge precedent for federal rights in India
If not, NEET’s nationwide dominance will continue.
For lakhs of Tamil Nadu students—especially those in rural and government schools—the outcome will determine whether medical education remains a dream within reach or a dream priced beyond their reality.
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