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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prateek Jalan, J.
HMS Unani Medical College and Hospital and others - Petitioners
Versus
Union Of India And Others – Respondents
W.P.(C) 4044, 4720 of 2021 & CM APPL. 12211, 14567, 14568 of 2021
Decided On : 22-09-2021
NEET - AYUSH Courses - Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986 - Regulation 2(d)
Fact of the Case:
The petitioners, colleges offering Ayurveda and Unani courses, approached the Court as the Union of India rejected their representations to reduce the minimum percentile required in the NEET for admission to AYUSH courses.
Finding of the Court:
The Court held that the relief sought by the petitioners cannot be granted as the Union had already exercised discretion in reducing the minimum percentile and the decision was not unreasonable. The Court also noted that it is not for the writ court to substitute the discretion exercised by the Union on relevant considerations.
Issues: The main issue was whether the Union of India was duty bound to further reduce the NEET percentile requirement in AYUSH colleges due to the vacancy position.
Ratio Decidendi: The Court emphasized that 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. The Court also highlighted that the decision of the Union in this regard was not unreasonable and interference with eligibility criteria would be justified only in the face of manifest arbitrariness.
Final Decision: The writ petitions were disposed of, and the Court directed that the decision will not come in the way of the Union in reconsidering the matter in light of the contentions raised in the writ petitions and taking a policy decision in its own discretion, if it considers it appropriate to do so.
JUDGMENT :
Prateek Jalan, J.
The proceedings in the matter have been conducted through video conferencing.
1. The petitioners are colleges offering Ayurveda and Unani courses. The grievance with which they have approached the Court is that the Union of India [“the Union”] has rejected their representations to reduce the minimum percentile which a candidate must score in the National Eligibility Entrance Test [“NEET”] in order to be eligible for admission to AYUSH courses.
2. Mr. A. Mariarputham, learned Senior Counsel for the petitioners, refers to a notification of the Central Council of Indian Medicine [“CCIM”] dated 07.12.2018, by which the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986 [“the Regulations”] were amended. By virtue of Regulation 2 of the amendment Regulations, the eligibility criteria for admission in the Bachelor of Ayurveda programme were revised. The relevant clause for the purposes of the present petitions is Regulation 2(d) of the said Regulations, which provides as follows: -
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(d) (i) There shall be a uniform entrance examination for all medical institutions at the under-graduate level, namely the National Eligibility Entrance Test (NEET) for admission to under-graduate course in each academic year and shall be conducted by an authority designated by the Central Government.
(ii) In order to be eligible for admission to undergraduate course for an academic year, it shall be necessary for a candidate to obtain minimum of marks at 50th percentile in the ‘National Eligibility Entrance Test for undergraduate course’ held for the said academic year:
Provided that in respect of-
(A) candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, the minimum marks shall be at 40th percentile;
(B) candidates with benchmark disabilities specified under the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the minimum marks shall be at 45th percentile in the case of general category and 40th percentile in the case of the Scheduled Castes, Scheduled Tribes and Other Backward Classes.
Explanation.—The percentile shall be determined on the basis of highest marks secured in the all India common merit list in the National Eligibility Entrance Test for under-graduate courses:
Provided further that when sufficient number of candidates in the respective categories fail to secure minimum marks in the National Eligibility Entrance Test, as specified above, held for any academic year for admission to under-graduate courses, the Central Government in consultation with the Central Council may at its discretion lower the minimum marks required for admission to under-graduate course for candidates belonging to respective categories and marks so lowered by the Central Government shall be applicable for that academic year only.”
(Emphasis supplied.)
3. As far as the academic year 2020-21 is concerned, by a notification dated 15.01.2021, the Union has relaxed the minimum percentile required in the NEET for General category candidates to the 40th percentile, for SC/ST and OBC category candidates to the 30th percentile, and for the General category-PWD category candidates to the 35th percentile.
4. Mr. Mariarputham submits that despite the aforesaid relaxation, there has been insufficient uptake of seats in Ayurveda and Unani colleges as a result of the counselling process, and several seats remain vacant. It is his submission that a relaxation in the minimum percentile required would bring a large number of eligible candidates into the pool available for admission, and the Union is duty bound by the proviso to Regulation 2(d) to consider this aspect while deciding whether to relax the minimum percentile.
5. Mr. Mariarputham also draws my attention to a judgment of the Supreme Court dated 08.02.2021 in W.P.(C) 54/2021 [Harsh
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