Ebtesham Khatoon vs Union Of India - 2025 Supreme(SC) 1308

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1308

SUPREME COURT OF INDIA
SUDHANSHU DHULIA, K. VINOD CHANDRAN, JJ.
Ebtesham Khatoon – Appellant
Versus
Union Of India And Others – Respondent
Petition(s) for Special Leave to Appeal © No(s). 6658 of 2021 [Arising out of impugned final judgment and order dated 22-03-2021 in MAT No. 701/2020 passed by the High Court at Calcutta]
Decided on : 12-02-2025

Headnote:(A) Admission to AYUSH courses - NEET UG-2019 - Petitioners were admitted without appearing for NEET UG-2019 examination - The High Court's Division Bench set aside the Single Judge's order allowing non-NEET admissions on grounds of inadequate notice of NEET requirements - Petitioners contended lack of notice as a barrier to participation in NEET - The Supreme Court observed that withholding results for admitted students who completed their AYUSH courses would cause undue hardship. (Paras 1, 2, 3, 4, 8)

(B) Legal principle regarding admission requirements - The court noted that students who admitted without fulfilling NEET prerequisites should not have their completed course achievements jeopardized. (Paras 5, 9)

(C) Implications of notice and eligibility for admission were discussed, emphasizing the need for clear communication regarding examination requirements. (Paras 3, 4)

(D) The necessity to balance legal principles with the practical outcomes for students was outlined by the court. (Paras 6, 8)

Findings of Court:
The Supreme Court vacated the earlier directive preventing results and acknowledged the completed AYUSH course of students despite initial procedural shortcomings.

Issues: The main question addressed was the eligibility of petitioners for admission without the NEET UG-2019 examination.

Ratio Decidendi: The court ruled that maintaining fairness and public interest should prevail over strictly applying the rules to avoid alienating students who have undertaken their academic journey with incomplete information.

Result: Special leave petitions disposed of.

Table of Content
1. admission regulations and notifications for neet (Para 1 , 2 , 3)
2. eligibility of students without neet examination (Para 4)
3. impact of withholding results and degrees (Para 5 , 6 , 8)
4. disposition of special leave petitions (Para 9 , 10)

ORDER :

1. The petitioners are students of under-graduate AYUSH courses. Admittedly, they obtained admission to said courses without having appeared for the NEET UG-2019 examination. The petitioners contended that they did not have notice of the fact that for seeking admission to the said courses, they were required to appear for the NEET UG-2019 examination.

2. Their admissions was questioned and the petitioners filed Writ Petitions before the High Court where the learned Single Judge allowed admission of non-NEET students in AYUSH courses on the ground that there has not been proper publication of the applicability of NEET UG-2019 for admission to such AYUSH courses.

3. The Union of India challenged the said order before the Division Bench of the High Court. The Division Bench of the High Court at Calcutta vide common impugned order set aside the orders passed by the Single Judge allowing admission of non-NEET students. The Division Bench, relying upon the details supplied by the Government via an affidavit, it was observed that pursuant to notice published in newspapers on 07.11.2018 requiring candidates to qualify NEET in order to gain admission in AYUSH UG-courses. Other candidates had in fact appeared in NEET, and ultimately took admission in AYUSH UG-courses. The Division Bench thus rejected the contention of petitioners that due to inadequate notice they were prevented from participating in NEET UG-2019.

4. Consequently, the petitioners-students are before this Court. The only question before this Court is whether the petitioners were eligible for admission on the basis of selection made by the concerned college on the basis of merit since the petitioners did not appear in the NEET UG-2019 examination, as stated above.

5. By now, the petitioners have completed their AYUSH course for which they were granted admission. It would therefore, be futile to withhold their results.

6. This Court vide order dated 19th April, 2021 in SLP (C) No. 6396 of 2021 passed the following order:

Issue notice returnable in two weeks.

Learned counsel for the petitioner is permitted to serve the respondents by e-mail.

Additional documents, if any, be filed in the meanwhile."

7. The order dated 19th April, 2021 passed by this Court in SLP (C) No. 6396 of 2021 hereby stands vacated.

8. It is true that admission to candidates who had not appeared in NEET examination could not have been given by the College, yet as of now these students have completed their course and to withhold the exam results or their Degree will cause immense hardship to them.

9. With these observations, the special leave petitions are disposed of.

10. Pending application(s), if any, stand disposed of.

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