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D. Y. CHANDRACHUD, SURYA KANT
Nims University – Appellant
Versus
Union of India – Respondent
JUDGMENT
Dr. Dhananjaya Y. Chandrachud, J - In these proceedings under Article 32 of the Constitution, the petitioners seek directions (a) for the lowering of the cut off percentile for admission to Super Specialty courses; and (ii) to the Medical Counselling Committee (MCC) to conduct a mop up and stray vacancy round of the NEET - Super Specialty counselling to fill up seats which are vacant for the DM/MCh courses.
2. On 5 April 2018, Gazette Notification No MCI-19(I)/2018-Med./100818 was issued by the then Medical Council of India in the following terms:
"In order to be eligible for admission to Postgraduate Course for an academic year, it shall be necessary for a candidate to obtain minimum of marks at 50th percentile in the National Eligibility-Cum-Entrance Test for Postgraduate courses held for the said academic year. However, in respect of candidates belonging to Scheduled Castes, Scheduled Tribes, and Other Backward Classes, the minimum marks shall be at 40th percentile. In respect of candidates with benchmark disabilities specified under the Rights of Persons with Disabili
The Court emphasized the need to maintain high standards in Super Specialty courses and declined to reduce the eligibility percentile, citing the apex nature of these courses.
The decision of the Union Government to not reduce the percentile for admission to the BDS course was set aside on the ground of illegality and irrationality. The court found that there was no manife....
The discretion vested by Regulation 2(d) is applicable in a situation where there are insufficient candidates in the respective categories who have scored the minimum marks in the NEET. Interference ....
: If the criteria for minimum percentile is further reduced, this Court is doubtful about the standard of the students taking admission and is wary of their potential to undertake the professional co....
The court emphasized the need for balanced admission policies to fill vacancies in Homoeopathy colleges without compromising educational standards, recommending criteria for effective implementation ....
Discretion under regulations for educational admissions must be exercised considering only pertinent factors, and the Union's refusal to further lower NEET percentile requirements was lawful given th....
(1) Judicial review of administrative action is permissible on grounds of illegality, irrationality and procedural impropriety – An administrative decision is flawed if it is illegal.(2) If reducing ....
The court upheld the minimum percentile requirement for postgraduate medical admissions, asserting the importance of maintaining high educational standards in medical education, which cannot be compr....
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