1. Challenge to the introduction of minimum percentile requirements for undergraduate medical course admissions mid-process, contradicting the initial information brochure. (Para 1 , 2 )
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2019 Supreme(SC) 100
SUPREME COURT OF INDIA
L. NAGESWARA RAO, M.R. SHAH, JJ.
Association of Managements of Homeopathic Medical Colleges of Maharashtra – Appellant
Versus
Union of India & Ors. – Respondents
CIVIL APPEAL NO. 1393 of 2019 [Arising out of S.L.P. (Civil) No. 766 of 2019], CIVIL APPEAL NO. 1395 of 2019 [Arising out of S.L.P. (Civil) No. 767 of 2019], CIVIL APPEAL NO. 1394 of 2019 [Arising out of S.L.P. (Civil) No. 158 of 2019]
Decided on : 01-02-2019
Important Points
The Supreme Court permitted admissions to BHMS/AYUSH courses for the 2018-19 session based on the original eligibility criteria in the information brochure, rather than the mid-process introduction of a minimum percentile requirement, to ensure uniformity across states and prevent seats from remaining vacant.
Subject
Education Law - Admission Criteria
Act Referred
Central Council of Homoeopathy (Degree Course) B.H.M.S. Regulations, 1983
Headnote
Medical education – Admission to BHMS course – Government of India instructing States to admit students to BHMS courses strictly in order of marks obtained at NEET – Students and Associations approaching High Courts – Some High Courts giving reliefs of relaxation – Accordingly many States not following the instructions – In view of non-uniformity of procedure, held, appellants directed to complete process of admissions strictly on the basis of the merit by 15th February, 2019. (Para 7)
Facts of the case:
The Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha, Homoeopathy (AYUSH), Government of India by letters dated 12th February, 2018 and 5th June, 2018 instructed all the State Governments and the concerned universities to admit students in AYUSH undergraduate courses on the basis of the in NEET merit list for the academic year 2018-19. By a letter dated 11th June, 2018, the Government of India informed the State Governments that a candidate seeking admission to AYUSH under-graduate courses shall obtain minimum of marks at 50th percentile in NEET. Pursuant thereto, Respondent No.3 by a notice dated 15th June, 2018 informed all the candidates about the changed eligibility criteria, namely, the introduction of the requirement of 50th percentile for open category and 40th percentile for reserved category. The Appellant-Association filed a Writ Petition in the High Court of Judicature at Bombay challenging the legality of the aforementioned letter dated 11th June, 2018 of Respondent No.1 and notice dated 15th June, 2018 of Respondent No.3 which was dismissed.
Finding of the Court:
Appellants directed to complete process of admissions strictly on the basis of the merit by 15th February, 2019.
Result: Appeals disposed of.
Legal Category Hierarchy
Table of Contents
2. Contention that mid-process alteration of eligibility criteria unfairly disqualified candidates and left seats vacant versus the state's policy to maintain educational standards. (Para 3 , 4 )
3. Observation that conflicting High Court orders across various states created non-uniformity in admission standards for the same academic session. (Para 5 , 6 )
4. Relief may be granted to ensure uniformity in admission processes when different judicial directions have created inconsistent eligibility standards across states. (Para 6 )
5. Admissions permitted based on the original information brochure's criteria; process to be completed by a fixed date with mandatory extra classes. (Para 6 , 7 )
6. Can the court grant relief for admission criteria changes based on non-uniformity across states?
Yes, where different High Courts have issued conflicting orders regarding admission eligibility for the same academic session, the court may permit admissions based on original criteria to ensure uniformity across states. (Para 5 , 6 )
7. Does an order passed due to the peculiar facts of a case constitute a legal precedent?
No, the court specifically held that an order passed based on the peculiar facts of a case shall not be treated as a precedent. (Para 7 )
8. What is the effect of the court's decision on the general validity of minimum percentile criteria in NEET?
The court explicitly stated that no opinion was expressed regarding the general introduction of minimum percentile as an eligibility criterion in the NEET examination. (Para 7 )
JUDGMENT :
L. NAGESWARA RAO, J.
Leave granted.
1. The Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha, Homoeopathy (AYUSH), Government of India by letters dated 12th February, 2018 and 5th June, 2018 instructed all the State Governments and the concerned universities to admit students in AYUSH undergraduate courses on the basis of the in NEET merit list for the academic year 2018-19. By a letter dated 11th June, 2018, the Government of India informed the State Governments that a candidate seeking admission to AYUSH under-graduate courses shall obtain minimum of marks at 50th percentile in NEET. Pursuant thereto, Respondent No.3 by a notice dated 15th June, 2018 informed all the candidates about the changed eligibility criteria, namely, the introduction of the requirement of 50th percentile for open category and 40th percentile for reserved category. The Appellant-Association filed a Writ Petition in the High Court of Judicature at Bombay challenging the legality of the aforementioned letter dated 11th June, 2018 of Respondent No.1 and notice dated 15th June, 2018 of Respondent No.3 which was dismissed. Aggrieved thereby, these Appeals have been filed.
2. According to the Central Council of Homoeopathy (Degree Course) B.H.M.S. Regulations, 1983, a candidate should have passed the 10+2 or other equivalent examination after a period of 12 years’ study with the last two years of study comprising of Physics, Chemistry and Biology for admission to 1st year BHMS course. On 5th February, 2018, an information brochure was issued by Respondent No.3 for NEET UG – 2018 for admission to Health Science courses i.e. MBBS/BDS/BAMS/BHMS/BUMS/BPTh/BOTh/BASLP/BP&O/B.Sc. (Nursing) in all Medical Educational Institutions in a State/Union territory, including Medical Educational Institutions established by the Central Government, State Government, University, Deemed University, Trust, Society/Minority Institutions/Corporations/Corporations or a company. The schedule for the entrance examination for admissions for the year 2018-19 was given in the information brochure. The entrance test was scheduled to be conducted on 6th May, 2018 and the results were to be declared by the first week of June, 2018. After the declaration of results of NEET UG – 2018, a notice was issued on 6th June, 2018 by Respondent No.3 for online registration. In the meanwhile, the eligibility criteria for admission to BHMS Degree Course was altered by Respondent No.1 by a letter dated 11th June, 2018 pursuant to which a notice was issued by Respondent No.3. As per the changed criteria in the letter dated 11th June, 2018, a candidate from the open category will be eligible for admission only if he/she secured not less than 50th percentile of the marks in NEET-2018. A candidate belonging to the reserved category should secure not less than 40th percentile of the marks which shall be determined on the basis of highest marks secured in the all India common merit list in NEET-2018.
3. The Appellant-Association made a representation to the Respondent No.1 on 28th August, 2018 in which they stated that a large number of seats will remain unfilled if the altered standards are strictly followed. As there was no response from the Respondent, the Appellant-Association filed a Writ Petition in the High Court of Judicature at Bombay challenging the letter dated 11th June, 2018 of Respondent No.1 and the consequential notice of Respondent No.3. The main contention of the Appellant in the Writ Petition was that the altered standards for admission introduced by letter dated 11th June, 2018 should not be applied to the ongoing admission process and that the admissions for the year 2018-19 should be conducted in accordance with the information brochure which was issued on 5th February, 2018. The Appellant-Association was not aggrieved by the introduction of the NEET examination for admission into the BHMS course. The only submission made on behalf of the Appellant was that the percentile m
