Scrapping of NEET and the questions it raises over CJI Altamas Kabir

Discussion in 'Politics & Society' started by VIP, Jul 20, 2013.

  1. VIP

    VIP Ultra Nationalist Senior Member

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    It was a controversial judgement that brought down the curtain on the tenure of the former Chief Justice of India Altamas Kabir yesterday. The striking down of the National Eligibility cum Entrance Test (NEET) was one that had an impact on the lakhs of students and doubts are already being raised over it.

    The NEET was welcomed by students as a single transparent solution to admissions instead of the various exams to be written to get admission for 31,000 seats in MBBS and 11,000 seats in MD courses.

    However, while the verdict found favour among two judges on the three judge bench, Justice AR Dave who had dissented with the verdict and in a 35-page dissent hinted that he was rushed into the judgement by the imminent departure of Kabir.

    “As the Chief Justice is to retire within a few days I have to be quick and also short,” he wrote.

    The judge also noted that prior to the preparation of the draft judgements the three judges had ‘no discussion’ due to the lack of time.

    And while dissent by one judge in a three-judge bench isn’t unusual, it is an allegation that the verdict on the case was known in advance that has cast a shadow on the judgement.

    “For the better part of the last week, senior counsel and junior advocates alike have without compunction shared a story that the appeals by the private colleges will be allowed with a declaration that the MCI has no jurisdiction, and that Justice Dave will dissent from this view,” Gopal Sankarnarayanan, an advocate in the Supreme Court wrote in an article on Bar and Bench.

    “The judgment, it is confidently touted, runs into more than 190 pages and in excess of 300 paragraphs. It is my fervent hope that this tale is false – a figment of some perverse and destructive mind. In a few hours, we will know the truth,”
    he wrote, a good two hours before the verdict was delivered.

    As a column pointed in the Times of India, the uncanny accuracy of the prediction, given the secrecy with which matters are usually handled in the Supreme Court, raised many an eyebrow.

    Apart from this judgement, Sankarnarayanan raised other questions about the manner in which Kabir had functioned during his tenure which lasted around a year including poor administration of the courts and stepping into cases, notably in Sahara and Sunil Mittal.

    In addition to this criticism, a report that Kabir attempted to push for a high court judge to be elevated to the Supreme Court, only to flare up and accuse the collegium of judges of ‘ganging up’ against him when they rejected it, doesn’t portray him in the best light.

    According to a Times of India report, Kabir had held a meeting of the collegium of judges on 2 July which included Justices P Sathasivam, GS Singhvi, RM Lodha and HL Dattu, where he told them of the proposal.

    However, he was told that since the warrant of appointment of the next Chief Justice had already come it wasn’t right for Kabir to push for the appointment of a judge to the apex court. They reinforced their opinions individually as well, forcing Kabir to drop the proposal.

    Neither Sankarnarayanan nor any other authority has raised questions about the honesty of Kabir during his tenure, however, the final judgement by the former Chief Justice of India will also remained tainted by controversy for multiple reasons.

    Scrapping of NEET and the questions it raises over CJI Altamas Kabir - Firstpost
     
    Last edited: Jul 20, 2013
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  3. VIP

    VIP Ultra Nationalist Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    July 18, 2013 - 8:36am

    Just over 9 months ago, I had penned my views in these columns on the tenure of Justice Kapadia as Chief Justice of India. Having held office for almost 2 ½ years, there was much material to review his stint. One might have thought that the modest period of Justice Kabir’s spell would have lent little to gleaning a legacy.

    Unfortunately, that is not the case.

    There is really no polite way of putting this. The Kabir court has seen a return to the questionable practices prevalent in the Balakrishnan era – oral mentionings of matters pending before other Benches, unexplained moving of cases from one set of judges to another, the return of the dalals to the registry and an overall erosion of the credibility of the Apex Court. There may be no hand of Kabir in any of this, but it is precisely this apathy that has undone much of the good that was inherited from his predecessor.

    The role of the Chief Justice in any of the superior courts is not limited to being the occupant of Court No.1. He (or she) is also the administrative head of the Court, and in that capacity has the final word in everything from allotment of chambers to supervising the roster. These are tasks that require a substantial amount of time and discipline. However, with the kind of haphazard routine followed by Kabir, there was clearly very little attention paid to the shenanigans downstairs.

    To be fair to Kabir, his demeanour as a judge saw very little change when he came to occupy this high office. He continued to be a complex man – tardy with sittings, patient with the junior bar, arbitrary with listings, and for the large part, good-humoured. However, in leaving several matters only partly heard and having no reasonable measure of the time available to him while cramming multiple cases into a single afternoon, Kabir has done a great disservice to precious judicial time. Many hours have been spent in carefully querying – “Has Respondent 13 been served?” (five years after the case was first listed) and in painstakingly taking down the names of all lawyers appearing in a batch of nearly a 100 petitions (a task usually fulfilled by the appearance slips). This lack of discipline continued to be evident when he failed to check Justice Gyan Sudha Mishra’s almost daily propensity to sit half an hour late even though the Supreme Court commences functioning at 10:30 am.[1] The simple solution (if he were bold enough), was to withdraw all judicial work from her until she observed the discipline that thousands of lawyers and the other 29 judges found no difficulty in abiding by. As for the continuing disinclination of our Chief Justices to remotely venture towards their final hearing list, I have almost given up hope. See this[2] and this[3].

    All of the above may have been forgiven, were it not for the almost defiant manner in which Kabir failed to follow the basic norms of judicial functioning in a series of cases. Most prominent of these was that of SEBI v. Sahara, where after a Bench of Justices Radhakrishnan and Khehar had ordered a refund by Sahara of Rs.24,000 crore by 30.11.2012, the company approached Kabir via mentioning to finally obtain a two month extension of time in December 2012. What was doubly egregious was his obdurate rejection to record the SEBI objection to another Bench altering the earlier order, as voiced by its counsel, Mr.Arvind Datar.[4] The matter did not end there, with Sahara once again approaching the same Bench by way of the same device to seek another extension in February 2013. This brought the President of the Supreme Court Bar Association to the court in protest, alluding specifically to the fact that “there are a lot of rumours” attending the manner in which the hearing of such a sensitive case was being conducted.[5] Kabir demurred, and the Sahara application was dismissed, but not before stirring a hornet’s nest.

    Again, when Sunil Bharti Mittal approached the Supreme Court challenging a cognizance order in the 2-G scam case specifically on the ground that the monitoring Bench of Justices Singhvi and Radhakrishnan had not recommended action against him, the CBI took a preliminary objection that the matter ought to be heard by the same bench that were admittedly familiar with the facts of the case. When this objection was raised, first Justice Sen, and at the subsequent hearing, Justice Dave recused themselves from proceeding with the matter.[6] It was only when Justice Nijjar eventually joined Kabir that the objection was heard and tentatively overruled before a stay was granted to the Petitioner. [DISCLOSURE: I appear on behalf of the CBI in this case]

    Last week, Chief Justice Bhattacharya of Gujarat[7] leveled some hard-hitting criticism at Kabir for having superseded him because he objected to the latter’s sister being appointed to the Calcutta High Court merely a few months before she turned 60. Kabir’s rancour at this was evident when he took the unprecedented step of writing to the Government stating that Bhattacharya and two others had been overlooked by the collegium “because their elevation as such would prove to be counter-productive and not conducive to administration of justice”.[8] That this was probably far from the truth is evident from the overwhelming vote of confidence given to Bhattacharya by the Advocates Association of Gujarat who condemned the system which had overlooked their Chief Justice.[9]

    There is a very thin line that divides what is dubbed as “corridor gossip” and to paraphrase Sherlock Holmes, the “improbable truth”. It would have been impossible for anyone to have suggested anything questionable about the conduct of Justices Ruma Pal, Sinha, Thakker, Kapadia or a hundred others. A mischievous rumour-monger would have been nipped in the bud with the contempt he deserved right at the outset, simply because these eminences had carefully built spotless reputations over decades. With Kabir, the opposition to such a story is not so fervent.

    In a little while, on his last day in office, the Chief Justice’s court will deliver the much awaited judgment concerning the validity of the national medical entrance test to be conducted by the Medical Council of India. For the better part of the last week, senior counsel and junior advocates alike have without compunction shared a story that the appeals by the private colleges will be allowed with a declaration that the MCI has no jurisdiction, and that Justice Dave will dissent from this view. The judgment, it is confidently touted, runs into more than 190 pages and in excess of 300 paragraphs. It is my fervent hope that this tale is false – a figment of some perverse and destructive mind. In a few hours, we will know the truth.

    In either event, the tragedy remains – that doubt has taken root. It is a long trudge uphill from here.



    (Gopal Sankaranarayanan is a practicing Advocate in the Supreme Court of India. The views and opinions expressed in this article are those of the author and do not reflect the opinions or position of Bar & Bench)

    Into the Darkness | Bar and Bench
     
  4. VIP

    VIP Ultra Nationalist Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    This guy has written this blog a good 2 hrs before the judgement and what he wrote became the truth. Justice Kabir scrapped NEET PG and UG while Justice Dave favored the NEET.

    Decision itself is very unfortunate.....
     
  5. VIP

    VIP Ultra Nationalist Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    @A chauhan @sayareakd

    Shed some lights and also if you people can comment on the decision. It's a split verdict. There are lots of holes in judgement,too.
     
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  6. parijataka

    parijataka Senior Member Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    Altamas Kabir's parting gift to private medical colleges I believe, many run by politicians.
     
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  7. drkrn

    drkrn Senior Member Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    i once spoke with a medical college broker.during our conversation he said that decision in favor of pvt colleges is definite..
     
  8. VIP

    VIP Ultra Nationalist Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    I understood it after he suddenly gave interim order. He refused to give interim order, 20-25 times I guess. Lagta hai CJI ne bahot rs khaye he boss....

    Sent from my Nexus 4 using Tapatalk 4 Beta
     
    Last edited: Jul 20, 2013
  9. Decklander

    Decklander New Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    Ask any lawyer including @sayareakd, Kabir was not to be our CJI but than something happened he became our CJI. this was the common buzz in Delhi among all lawyers.
     
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  10. sayareakd

    sayareakd Moderator Moderator

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    Judgement is not worth discussing, dont want to say anything more then that.
     
  11. VIP

    VIP Ultra Nationalist Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    Why ????????
     
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  12. parijataka

    parijataka Senior Member Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    CJI Kabir has been a controversial figure, he was a congress appointee.

    Well, the new CJI Sathasivam, the first CJ from Tamil Nadu, seems to have a clean and good image as per news reports.
     
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  13. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    Which one of the secular group waala or any other ???????
     
  14. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    As a lawyer u are running away from discussion/debate????
     
  15. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    http://www.healthcarewatch.in/2013/07/myths-about-neet-and-actual-facts.html


    Myths about NEET and the Actual Facts
    Myths and Facts in Relation to NEET


    S.No
    Arguments in Favour of NEET
    Is it true / false / not applicable
    Remarks
    1
    It is a matter of sound common sense that to have doctors well versed in the
    subject of medicine and having proficiency in their field, we should
    have suitable and deserving students who should be imparted good
    medical education and there should be strict supervision over the
    education system so as to see that the students who are not up to the
    mark or are not having the highest standards of education are not
    declared successful at the examinations.
    Not applicable to Entrance Exam

    Though this point per se it correct, this is NOT an argument in favour of NEET
    The examination to decide whether a student is eligible to become a cardiologist or general surgeon is the one conducted at the end of his course

    Now way, can an exam conducted at the beginning of the course assess whether the student is fit to be conferred the degree or not

    This point is NOT applicable to entrance exam
    2
    The
    students who are admitted to the medical course should be suitable and
    should have the right aptitude so that they can be shaped well into
    the medical profession after being imparted proper education.
    Not applicable to Entrance Exam

    Though this point per se it correct, this is NOT an argument in favour of NEET
    Only those students who PASS MBBS are eligible to appear for MD / MS and only those who pass MD / MS are eligible to appear for DM / MCh Entrance.

    Those candidates who have done their education abroad have to again clear FMGE to be eligible to take further education in India.

    So, only eligible candidates are appearing for the Entrance Exam
    3
    It should also be seen that
    sufficient number of patients are treated at the hospitals so that the
    students can get adequate practical training where the patients are
    being treated.
    Not applicable to Entrance Exam

    Though this point per se it correct, this is NOT an argument in favour of NEET
    If sufficient number of patients are not treated in the hospital, MCI has to deregularize that course. What has it to do with NEET ?
    4
    If among all good students, there are students who are not
    up to the mark, who are lagging behind in their studies, who are weak
    in studies, it would not be possible to educate or groom such students
    effectively and efficiently.
    Not applicable to Entrance Exam

    Though this point per se it correct, this is NOT an argument in favour of NEET
    Such students should not be able to pass MBBS or MD/MS
    5
    In the circumstances, it becomes the duty of the regulating authority to see that quality of the students at the stage of admission is thoroughly examined and only deserving and suitable students are given admission to the medical colleges so as to make them suitable members of a noble profession upon completion of their studies.
    Not applicable to Entrance Exam

    Though this point per se it correct, this is NOT an argument in favour of NEET
    Same as above
    6
    So as to see that only
    deserving and suitable students are admitted to the medical colleges,
    the MCI has introduced the NEET. By virtue of introduction of the
    NEET, the students aspiring to become physicians or pursue further
    medical studies will have to pass the NEET. The NEET would be a
    nationwide common examination to be held at different places in the
    country so that all students aspiring to have medical education, can
    appear in the examination and ultimately, on the basis of the result
    of the examination, suitability and eligibility of the students for
    admission to the medical profession can be determined.
    Not applicable to Entrance Exam

    Though this point per se it correct, this is NOT an argument in favour of NEET
    Only those students who pass in CBSE and State Boards and those with eligibility marks are able to pursue Medical Education.
    7
    This system is
    a part of regulation whereby entry to the field of medical education
    is regulated in such a way that only eligible and suitable students
    are given admission to medical colleges.
    Not applicable to Entrance Exam

    Though this point per se it correct, this is NOT an argument in favour of NEET
    Only those students who pass in CBSE and State Boards and those with eligibility marks are able to pursue Medical Education.
    8
    If the NEET is conducted under the supervision of the apex
    professional body, it would inspire confidence in the system and in
    that event, the selection of the students for admission to the medical
    profession would be on merit based selection. No extraneous
    consideration would come into play in the process of selection. The
    process of selection would not be influenced by irrelevant factors
    like caste and creed, community, race, lineage, gender, social or
    economic standing, place of residence – whether rural or urban,
    influence of wealth or power; and admission would be given only to the
    students who really deserve to be well qualified physicians or
    dentists.
    Completely False Statement
    Discrimination is treating those who are equal in an unequal manner and

    Discrimination is also treating those who are unequal in an equal manner

    By, not giving considerations to various inequalities, and by treating those who are unequal in an equal manner, NEET is the most discriminatory exam.

    This point is further explained below
    9
    Thus, there would not be any discrimination or influence
    in the process of selection.
    Completely False Statement Statement
    NEET is based on CBSE Syllabus

    This is a huge discrimination against those studying in all other boards

    NEET is conducted in English and Hindi and Urdu

    This is a gross discrimination against those who are studying in other media of education
    10
    Furthermore, centralization of the selection process under holding the
    NEET would help the students to appear at the examination from any
    corner of our nation.
    WRONG Statement
    In fact, at present, those in Tamil Nadu are able to appear for State PG Exams inside Tamil Nadu.

    With NEET, they were forced to appear in far flung statements

    NEET is an additional burden
    11
    The result of the examination would be
    published at the same time on one particular day and with the same
    standard. There would not be any problem with regard to equalizing
    marks and merits of different students passing different examinations
    from different regions or states or universities or colleges. The
    process of selection would be equal, fair, just and transparent.
    Completely False statement
    NEET is totally opaque and least transparent system

    Exam was conducted in Nov 2012.

    This is July 2013

    They have done three rounds of allotment and still marks are not published

    Only ranks are published
    12
    All
    the students would be in a position to compete from a common platform
    and the test will have credibility in the eyes of the students and the
    society.
    Completely WRONG Statement
    Different students are given different questions as well as same questions and those taking the exam at the later date are at advantage as few questions from earlier dates are repeated
    13
    The students would be
    benefited because they will not have to appear at different places on
    different days at different examinations for the same purpose.
    WRONG Statement
    Students from Tamil Nadu now need not appear for any exam.

    NEET is an additional burden

    Further, even with NEET students have to appear for multiple exams as AIIMS, PGI, JIPMER and other central institutes do not come under NEED
    14
    The cost of appearing at the NEET would be
    much less as the aspiring students will not have to purchase several
    expensive admission forms and will not have to travel to different
    places.
    Completely FALSE Statement
    Cost of NEET is more

    Distance to examination centre is More
    15
    Moreover, the policy with regard to reservation for certain classes,
    followed by the States would also not be adversely affected. From the
    deserving eligible students, who have procured qualifying marks at the
    NEET and who belong to the reserved classes would be given preference
    so as to fulfill the policy with regard to reservation. Thus, the
    students belonging to the reserved classes would also not suffer on
    account of holding the NEET.
    WRONG Statement
    1. OBC Quota is not being followed in NEET

    2. Rural Quota is not being followed in NEET

    16
    In the circumstances, it cannot be said that introduction of the NEET
    would adversely affect the policy with regard to the reservation or
    the policy of the States pertaining to upliftment of downtrodden
    persons belonging to certain classes.
    Completely False Statement
    NEET is against doctors who are working in Primary health centres
    17
    I fail to
    understand as to why the petitioners are keen to admit undeserving or
    ineligible students when eligible and suitable students are available.
    WRONG Statement
    If you fail in 12th, you cannot enter MBBS and if you fail in MBBS, you cannot enter MD
    18
    For the reasons recorded hereinabove, in my opinion, it cannot be said
    that introduction of the NEET would either violate any of the
    fundamental or legal rights of the petitioners or even adversely
    affect the medical profession.
    Completely False Statement
    Because NEET takes away the Rural Quotas, if NEET is implemented, State Governments will find it very difficult to recruit doctors for PHCs and in the next 5 years, all PHCs will be without doctors
    19
    In my opinion, introduction of the
    NEET would ensure more transparency and less hardship to the students
    eager to join the medical profession.
    Completely WRONG Statement
    NEET is the least transparent exam
    1. Correct Answers are not told. Since NEET is not transparent, students are not able to fight against this injustice
    2. Number of answers marked correct by a candidate is not disclosed. Since NEET is not transparent, students are not able to fight against this injustice
    3. Marks of the candidate is not disclosed. Since NEET is not transparent, students are not able to fight against this injustice
    4. How candidates applying later were able to get centres near their place which was were shown to candidates appearing earlier (BLOCKing the seats) needs to be explained. Since NEET is not transparent, students are not able to fight against this injustice
    5. How candidates applying later were able to get dates of their choice were not shown to candidates appearing earlier (BLOCKing the dates) need to be explained.Since NEET is not transparent, students are not able to fight against this injustice
    20
    Let us see the consequence, if
    the apex bodies of medical profession are not permitted to conduct the
    NEET. A student, who is good at studies and is keen to join the
    medical profession, will have to visit several different States to
    appear at different examinations held by different medical colleges or
    institutes so as to ensure that he gets admission somewhere.
    Completely Wrong Statement
    Even with NEET, a student has to visit AIIMS, PGI and JIPMER to appear for those exams

    So this statement is totally wrong

    But at the same time

    At present, a student in Tamil Nadu NEED NOT WRITE any exam. If NEET is implemented, it is additional financial and emotional strain
    22
    If he
    appears only in one examination conducted by a particular University
    in a particular State and if he fails there, he would not stand a
    chance to get medical education at any other place.
    COMPLETELY FALSE STATEMENT
    At present a student has two chances

    1. State Quota
    2. All india Quota

    If he fails in one, he can make up in another
    If NEET is implemented, he is doomed

    So, there is no benefit with NEET

    Only lots of hardships

    Why are few people still supporting NEET
     
  16. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    ^^^^ The above blog explains why NEET is Shit...

    Also, without NEET, it is nearly an impossible task for the UPA to implement the one year compulsory service program ... So I really cant see why Doctors find this NEET judgement to be upsetting...
    @VIP
     
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  17. VIP

    VIP Ultra Nationalist Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    Because, private medical colleges selling seats for crores of rupees. If NEET is implemented, 50% of their seats will be added in all india quota plus states like Andhra also has to give 50% seats for centralized counseling.

    I'm not totally in favor of NEET, above post clarifies why but I strongly favor centralized counseling for 50% seats of all medical colleges.

    Why NEET ?? Why this step ?? And why rampant corruption in private medical colleges ??

    Because of artificial deficiency of seats created by the politicians. If government increases PG seats, nobody will complain and also people won't be interested in private medical colleges, too. So corruption will be tackled down automatically. But problem is 60% of total medical seats are of private medical colleges and Politicians also own or have invested in such colleges and private medical colleges also give crores of rupees to MCI officials for approval of medical colleges.
    MCI is nothing but a hub of corrupt politicians.

    So it's obvious that mohfw won't be increasing PG seats in government medical colleges.

    NEET was the middle solution, not good but lesser bad than current situation.

    If government allows 6 monthly cycle of allotment of PG seats like AIIMS,PGI, this deficiency would be easily tackled down. It was there previously, about 12-15 years ago in many states.

    Sent from my Nexus 4 using Tapatalk 4 Beta
     
  18. TrueSpirit

    TrueSpirit Senior Member Senior Member

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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    Completely OT.......

    As part of a teenage-pact, I am overseeing an upcoming educational venture (law college, initially) in North-East UP (going to announce it on social media, shortly).

    It's a collaborative venture under the auspices of few members of an alumni group. I am only involved in the vision (you know, parikalpana) & high-level administrative matters. The ground-work, technicalities & official interactions were mostly handled by friends who are all govt. officers (unlike me).

    As we expand (if at all & a big "if"), I would supervise the institution of a technical stream, i.e. an engg. institute (my personal interest) which I hope does not turns out to be another run-of-the-mill wannabe & then maybe, a medical college, as well (a shared dream but difficult to implement in near-term).

    Connections (not mine) have helped us & it's been a really smooth ride from land-acquisition, to getting the approvals/registration as well as provisioning for capital.
    It is not possible to move things without official patronage, as I personally experienced, very recently.

    It would never be easy for well-intention-ed but less connected souls, even if they have sufficient capital for the venture. This whole experience has been very "disenchanting", you know...& at times, I had felt like detaching myself from the whole thing....
     
    Last edited: Jul 21, 2013
  19. Decklander

    Decklander New Member

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    Nov 19, 2012
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    Re: Scrapping of NEET and the questions it raises over CJI Altamas Kab

    Don't worry guys soon he will be on board of many such colleges and also on panel of many GOI committees.
    Deh Shiva var mohi ehay, bhrasht karmon tay kabhohn naa daroon,
    Naa daroon criminals say, jab desh kee kismat baytch looton,
    Ehay lalach ho toh gun ucharoon, Jab ayoo kee avadh nidhaan baney,
    toh kursi par baithay praan tajoon.
     

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