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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.C. DHARMADHIKARI, BHARATI H. DANGRE, JJ.
Association of Management of Homeopathic Medical Colleges of Maharashtra - Petitioner
Versus
The Union of India, Through the Director, Ministry of Ayurveda, Yoga & Naturopathy Unani, Siddha and Homeopathy (AYUSH) and Ors. - Respondents
Writ Petition No. 10665 of 2018 with Civil Application No. 2441 of 2018 In Writ Petition No. 10665 OF 2018 With Writ Petition No. 10666 of 2018 with Writ Petition (ST) No. 24833 of 2018
Decided On : 04-12-2018
NEET - AYUSH COURSES - ELIGIBILITY CRITERIA - CHANGE - APPLICABILITY TO CURRENT ACADEMIC YEAR - EXECUTIVE POWER - AMENDMENT OF RULES - LEGITIMATE EXPECTATION - PRINCIPLE - MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES ACT, 2016 - THE HOMOEOPATHY CENTRAL COUNCIL ACT, 1973 - THE HOMOEOPATHY (DEGREE COURSE) REGULATIONS, 1983 - ARTICLE 14 - ARTICLE 226 - CONSTITUTION OF INDIA.
Fact of the Case:
Petitioners, an Association of Managements of Homoeopathic Medical Colleges of Maharashtra, challenged the change in eligibility criteria for admission to AYUSH courses, particularly BAMS, BHMS, and BUMS courses, introduced by the Ministry of AYUSH on 11th June 2018. The change required candidates to secure a minimum of 35th percentile in NEET-2018, instead of the earlier requirement of 50th percentile. The petitioners argued that the change was made mid-way through the admission process, violating the principle of legitimate expectation and the mandate of Article 14 of the Constitution. They also contended that the field was already occupied by the Homoeopathy Central Council Act, 1973 and the Regulations framed thereunder, and any change in the eligibility criteria could only be made through a statutory process.
Finding of the Court:
The Court held that the change in eligibility criteria was not made mid-way through the admission process, as the Information Brochure published on 6th June 2018 had already indicated the requirement of 50th percentile in NEET-2018. The Court also held that the change was clarificatory in nature, as it merely clarified that the NEET was applicable to all Health Science courses, including BHMS. The Court further held that the executive power could be used to issue instructions and clarify existing rules, and that this did not amount to an amendment of the statutory rules and regulations. The Court also held that the principle of legitimate expectation did not apply in this case, as the petitioners had sufficient notice of the change in eligibility criteria.
Issues: 1. Whether the change in eligibility criteria for admission to AYUSH courses, introduced by the Ministry of AYUSH on 11th June 2018, was made mid-way through the admission process, violating the principle of legitimate expectation and the mandate of Article 14 of the Constitution? 2. Whether the field was already occupied by the Homoeopathy Central Council Act, 1973 and the Regulations framed thereunder, and any change in the eligibility criteria could only be made through a statutory process? 3. Whether the executive power could be used to issue instructions and clarify existing rules, without amounting to an amendment of the statutory rules and regulations?
Ratio Decidendi: 1. The change in eligibility criteria was not made mid-way through the admission process, as the Information Brochure published on 6th June 2018 had already indicated the requirement of 50th percentile in NEET-2018. 2. The change was clarificatory in nature, as it merely clarified that the NEET was applicable to all Health Science courses, including BHMS. 3. The executive power could be used to issue instructions and clarify existing rules, without amounting to an amendment of the statutory rules and regulations. 4. The principle of legitimate expectation did not apply in this case, as the petitioners had sufficient notice of the change in eligibility criteria.
Final Decision: The Court dismissed the petitions, holding that the change in eligibility criteria was valid and did not violate any legal principles.
S.C. Dharmadhikari, J.
1. Since a short point arises for consideration in these petitions under Article 226 of the Constitution of India and which can be conveniently disposed of by a common order, we issue Rule in each of these petitions. The respondents to these petitions waive service. With the consent of both sides, these writ petitions are disposed of finally.
2. The common issue that arises in these petitions pertains to the applicability of a stipulation and to be found in the Government of Maharashtra’s communication dated 15th June, 2018, where the competent authority and Commissioner of State Common Entrance Test Cell informed all concerned that candidates who are interested in the Health Science Courses, particularly in Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathic Courses (for short “AYUSH”) that the Ministry at New Delhi by its letter dated 11th July, 2018 has changed the National-Eligibility-cum-Entrance-Test (NEET) – Undergraduate (UG) – 2018 eligibility criteria. Now, the eligibility criteria mentioned in the Information Brochure of this NEET UG - 2018 of preference system for admission to Health Science Courses in the State reads as under :
“NOTICE
NEET UG – 2018
Admission Process for Health Science Courses
(for AYUSH courses)
It is hereby notify that all candidates who are interested in AYUSH courses i.e. BAMS, BHMS and BUMS courses that Ministry of AYUSH, New Delhi vide their letter No. F No. R-13040/33/2016-HD (Tech) Part, dated 11-6-2018 has changed the NEET – UG – 2018 eligibility criteria. Hence the eligibility criteria mentioned in the Information Brochure NEET UG – 2018 of Preference System for admission to Health Science Courses in State as per following-
Previous Rule
Changed/Updated Rule to read as under
Rule No.4.10 – NEET UG marks for admission to BAMS/BHMS/BUMS : A candidate will be selected on the basis of merit in NEET UG-2018 to above stated courses
Rule No. 4.10 – NEET UG marks for admission to BAMS/BHMS/BUMS : A candidate must secure following marks to above stated courses:
(1) Candidate belonging to OPEN category must secure not less than 50 percentile marks in NEET UG-2018
(2) Candidates belonging to CONSTITUTIONAL RESERVATION category must secure not less than 40 percentile marks in NEET UG-2018.
(3) Candidates belonging to CONSTITUTIONAL RESERVATION category with Person with Disability claim must secure not less than 40 percentile marks in NEET UG-2018.
(4) Candidates belonging to OPEN category with Person with Disability claim must secure not less than 45 percentile marks in NEET UG-2018.
3 Now, the criteria mentioned in amended Rule 4.10(1) above is modified as under :
“F.No. R-13040/33/2016-HD (Tech) Part
Government of India
Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH)
AYUSH BHAWAN,
‘B’ Block, GPO Complex,
New – 110 023
Dated : 01.11.2018
To,
All State Authorities
(As enclosed)
Sub: Admission in Under Graduate degree Courses in ASU&H College-reg.
Sir/Madam,
In continuation to this Ministry’s letter of even number dated 11.06.2018, it is further clarified that the Ministry has received various representations stating that seats are lying vacant due to less number of qualified students in the NEET-2018.
1 In this regard, the matter regarding qualifying criteria has been examined by the Ministry and decided in order to be eligible for admission, it shall be necessary for a candidate to obtain minimum marks at 35th percentile in NEET-2018. However, in respect of candidates belonging to Scheduled castes, Scheduled tribes, Other Backward castes, the minimum marks shall be at 25th percentile. In respect of the candidates with bench marked Disabilities specified under the Rights of Persons with Disabilities Act, 201
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