Madras High court has sent a notice to the central and state government.
The Madras High Court today sought a reply from the state government and the centre on a petition challenging the validity of 42nd Constitutional Amendment in 1976 that moved education, which was earlier a state subject, to a concurrent list. Both the state and the central government have to respond to the notice within eight weeks.
The petition has been filed by a trust "Aram Seiya Virumbu", which has DMK MLA Dr Ezhilan and some retired High Court judges as members.
The petition is being seen as the first legal step by the DMK in the fight against medical entrance exam NEET.
Sources in the party say that NEET, which has been strengthened by the National Medical Commission Act, 2019, can be struck down if education is brought back only to state list.
On Monday, Tamil Nadu passed a new bill to stop admission in medical courses on basis of the National Eligibility cum Entrance Test. The bill, however, needs a sign-off by President Ram Nath Kovind as it is repugnant to the Parliament law.
The MK Stalin-led state government has been trying to bring like-minded parties across the country together in the fight against NEET.
All parties, except the BJP, had supported the Bill in the state assembly. "We are supporting this. Let's see if this strategy works," said opposition AIADMK's former health minister Dr C Vijaya Baskar.
The ruling party has argued that NEET only favours affluent students who can afford private coaching and puts poor students at a disadvantage.
Tamil Nadu Chief Minister MK Stalin on Sunday appealed to medical aspirants to not lose after a student died by suicide.