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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, J.
VIHAR PRIVATE UNANI MEDICAL COLLEGES - Appellant
Vs.
UNION OF INDIA - Respondent
Civil Writ Jurisdiction No. 16541 of 2018
Decided On : 10-10-2018
NEET - Admission to AYUSH Courses - Indian Medicine Central Council Act, 1970, Section 36(1), Schedule-III - The court discussed the legality of prescribing NEET qualification as an eligibility criteria for admission to Bachelor of Unani Medicine Course. It held that in the absence of any amendment in the Act or Regulations governing admissions to AYUSH (UG) Courses, NEET qualification could not be thrust upon institutions or candidates as an essential eligibility condition for admission.
Fact of the Case:
The petitioners challenged a press communique issued by the State Government of Bihar prescribing NEET qualification as the only criteria for admission to AYUSH Courses. The Union of India contended that NEET was made compulsory to bring meritorious students into the AYUSH system.
Finding of the Court:
The court found that NEET qualification could not be prescribed as an eligibility criteria for admission to Bachelor of Unani Medicine Course without introducing any amendment in the Act or Regulations governing education for Indian Medicine. It also noted that NEET was not structured for admission to AYUSH (UG) Courses and quashed the press communique issued by the State Government of Bihar.
Issues: The court adjudicated upon the legality of prescribing NEET qualification for admission to AYUSH Courses, the appropriateness of NEET as a test for admission to Bachelor of Unani Medicine Course, and the compulsion to admit students based on NEET qualification in the absence of such stipulation in the notice inviting application for NEET.
Ratio Decidendi: The court held that in the absence of any amendment in the Act or Regulations governing admissions to AYUSH (UG) Courses, NEET qualification could not be thrust upon institutions or candidates as an essential eligibility condition for admission. It also emphasized the need for a fair and transparent common entrance test for admission to professional courses.
Final Decision: The court set aside the Central Government's decision to provide NEET as compulsory for admission to AYUSH (UG) Courses and quashed the press communique issued by the State Government of Bihar. It allowed the Association of the Institutions to arrange a combined entrance test for admission to Bachelor of Unani Medicine and Surgery if the Central Government/State Government fail to organize any common entrance test for the academic session 2018-19.
Chakradhari Sharan Singh, J.
Heard learned counsel for the parties. This writ application has been filed by the Association of Private Unani Medical Colleges in the State of Bihar through its Secretary Md. Shafiur Rahman.
2. The petitioners have a grievance against the press communique dated 23.03.2018 issued by the State Government of Bihar (Annexure-11), which prescribes that from the Academic Year 2018-19, admission to Ayurvedic, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH) Courses shall be allowed only through National Eligibility-cum-Entrance Test (NEET) and only such candidates shall be allowed to be admitted in such course, who have qualified in NEET.
3. It is evident from the press communique dated 23.03.2018, issued by the Health Department, Government of Bihar, that it is in compliance of a letter issued by the Ministry of AYUSH, Government of India, dated 12.02.2018. The said letter dated 12.02.2018 has also, accordingly, been put to challenge in the present application.
4. Since the communique is based on a direction issued by the Central Government, the Union of India was asked to file a counter affidavit and accordingly a counter affidavit has been filed. It is the plea in the counter affidavit that in the light of the Supreme Court's decision on the question of requirement of NEET as compulsory for admission to MBBS and BDS courses, the Ministry of AYUSH decided to admit students through Combined and National Level Test in order to bring meritorious students in AYUSH System. It is their case that the State Governments were informed in advance that the admissions should be offered in AYUSH (UG) Courses only through NEET. It has also been stated that for the purpose of ensuring that only meritorious students are admitted, the said decision has been taken by the Ministry of AYUSH to allow only such candidates admission to AYUSH (UG) Courses, who have qualified in NEET. It has also been stated in the affidavit that the Lucknow Bench of the Allahabad High Court has granted relief for the Academic Year 2017-18 exempting the requirement of NEET based admission to AYUSH Courses, but for subsequent sessions commencing from 2018-19 on wards, the NEET qualification is essential for admission to AYUSH (UG) Courses. Mr. Abhinav Srivastava, learned counsel appearing on behalf of the petitioners has submitted that the admission notice through NEET (UG-2018) was issued for admission to MBBS and BDS courses only and it did not stipulate that admission in other courses, namely, Ayurvedic, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH) shall also be undertaken on the basis of the said NEET. He has accordingly contended that students seeking admission to various AYUSH Courses could not have applied in response to the admission notice through NEET (UG-2018), which was issued only for MBBS/BDS courses. His second submission is that the last date for submission of application in pursuance of admission notice through NEET (UG-2018) was 09.03.2018, whereas the State Government came out with the press communique on 19.03.2018. He has contended that though the Ministry of AYUSH had written letter to the State Governments on 12.02.2018 containing revised guidelines for admission into various courses including Bachelor of Unani Medicine and Surgery, according to which NEET (UG) was to be an eligibility criteria for admission to AYUSH Courses, there was no such stipulation in the admission notice issued by the Central Board of Secondary Education for National Eligibility-cum-Entrance Test (UG), 2018. He contends that it was clearly mentioned in the said admission notice, which has been brought on record by way of Annexure-7, that it stipulated admission to all seats in MBBS/BDS courses only through NEET (UG), 2018. He accordingly contends that the institutions offering Unani courses cannot be forced now to admit only such students who have qualified in NEET (UG) 2018. He has also contended that in any view of the
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