Christian Medical College Vellore Association V UOI 2020

Christian Medical College Vellore Association V UOI

                  held on 29 April 2020

                  3 Judges Bench

                  Arun Mishra, Justice

                  Vneet Saran, Justice and

                  M.R. Shah, Justice

As, All institutions of medical are governed by The Medical Council of India Act and The Dentists Act. These Act make it is compulsory for All institutions irrespective of institutions offering medical or Dentist courses have to follow NEET for Admission process in their institutions. 

     Unfortunately, the minorities institutions challanged in the apex court on the ground of violation of their Fundamental Rights. However, Art 19(1)(g) provides them to practice any professional or to carry on any occupation, trade or business. Article 25 further provides them freedom of conscience and free profession, practice and propagation of religion. Article 29 further provides that protection of interest of minorities. In the same article 30 right of minorities to establish and administer educational institutions.           👉Petitioner challenged and urged that

 # It violates the fundamental rights of an unaiaded minority institutions to establish and administer educational institution of their choice provided under article 30. 

# The unaided institutions have the fundamental rights to choose the method and manners to admit its students, subjects to satisfy triple test of having a fair transparent and non-exploitive process.

👉The three Judges bench held that the right provided under Article 19(1)g) is not absolute in nature and resonable ristrictions can be imposed therefore it is mandatory to curb it.

👉SC Court further point out that This test is proportionality thus it provides equal opportunity to everyone and there is no discrimination.

👉 SC also held that however, Art. 29 and 30 provide right to minorities institutions but government can made rules and regulations for publication internet and it also comes under DPSP therefore government doses not exceed its power. 

     Consiquently, there is no violation of Fundamental rights of unaided or aided minorities to administer institutions under Article 19(1)(9), 25, 26,29 and article 39 of Indian Constitution.