Admission eligibility and documentation requirements for AYUSH courses based on NEET-UG Exam 2019 and relevant regulations.

JUDGMENT

1. We have considered the strenuous submissions of the learned Sr. Advocate for the petitioner and the learned Advocate for respondent Nos.1 to 3 and 5. Though this matter was heard for more than one hour, the learned Advocate for respondent No.4/Management has not appeared before the Court.

2. The petitioner, a student of B.H.M.S. Course, purportedly admitted on 12/10/2019 in the respondent No.4 college, has put forth prayers B, C, D and E as under :-

"B. Issue a writ of certiorari or writ in the nature of certiorari to quash and set aside the communication dated 31/08/2020 of the Director of AYUSH, Maharashtra State, Mumbai to the extent of the petitioner holding that the petitioner is not eligible for admission to B.H.M.S. Course.

C. Issue a writ of mandamus or writ in the nature of mandamus to the respondents to hold and declare that the petitioner is eligible for admission to B.H.M.S. course as she complies with the NEET-UG eligibility criteria applicable to the O.B.C. category student and the petitioner be permitted to pursue the course and appear for the examination of B.H.M.S. Course.

D. Pending the hearing and final disposal of this writ petition grant stay to the operation, implementation and execution of the communication dated 31/08/2020 of the Director of AYUSH, Maharashtra State, Mumbai to the extent of the petitioner only.

E. Pending the hearing and final disposal of this writ petition issue writ, order or directions to the respondent No.3 Maharashtra University of Health Sciences, Nashik to issue hall ticket to the petitioner for B.H.M.S. examination of first year scheduled to be held on 24.11.2020 and the petitioner be permitted to appear for the said examination and to declare her result."

3. The undisputed factors emerging from the record and the submissions of the parties, are as under :-

[a] The NEET-UG Exam 2019 was conducted by respondent No.5 authority.

[b] The petitioner had filled in application Form No.9195062079.

[c] In the said State Common Entrance Application Form, the petitioner has mentioned her choice on reservation as under :-Reservation status of the candidate- OPEN Select Specified Reservation NONE

[d] The minimum marks for the open category were 120.

[e] The minimum marks for the OBC category were 107.

[f] The petitioner scored 113 marks.

[g] The admission to the B.H.M.S. course is based on the marks scored by a candidate in the NEET test.

[h] The petitioner has placed before the Court a receipt bearing No.559 dated 12/10/2019 indicating deposit of Rs.50,000/- as tuition fees. The receipt appears as under :-

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[i] A bonafide certificate was issued by the Management dated 14/10/2019 declaring that the petitioner was a student of the said college.

[j] The petitioner acquired a caste certificate on 14/01/2020, which indicates that she belongs to the MUJAWAR caste which is recognized as OTHER BACKWARD CLASS (OBC).

[k] The petitioner received a certificate of validity on 11/11/2020 certifying her caste as belonging to MUJAWAR 339.

[l] The Management wrote a letter to the Director, Directorate of Aayurveda, Mumbai on 31/07/2020 for recognizing the petitioner as a student who had not registered in CET - 2019/2020. She was made to pay a fine of Rs.15,000/-.

[m] On 31/08/2020, the Director AAYUSH addressed respondent No.5, which is the admission regulatory authority, declaring that respondent No.4 college had illegally admitted the petitioner when her NEET score of 113 was less than the minimum score of 120 required for the open category.

[n] The college Management wrote to respondent Nos.2 and 5 on 13/11/2020 that the petitioner was admitted through the Institute/ Management quota. She had applied for admission from the Open Category as she did not have a caste certificate. She was admitted in the quota reserved for the OBC category on the condition that she would submit her caste certificate and validity certificate. She had scored 113 marks and was eligible from the OBC category which required a minimum