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IN THE HIGH COURT OF DELHI
Prateek Jalan, J.
HMS Unani Medical College and Hospital - Appellant
Versus
Union of India - Respondent
W.P.(C) 4044 of 2021 & CM Appl. 12211 of 2021 and W.P.(C) 4720 of 2021 with CM Appl. 14567 of 2021, CM Appl. 14568 of 2021
Decided On : 22-09-2021
| Table of Content |
|---|
| 1. review of college admissions criteria. (Para 1) |
| 2. regulation on minimum score for ayush admissions. (Para 2 , 3) |
| 3. arguments for further relaxation of neet scores. (Para 4 , 5 , 6) |
| 4. union's position on existing admission criteria. (Para 7) |
| 5. court analysis of union's discretion in admissions. (Para 8 , 9 , 10) |
| 6. court's final order on writ petitions. (Para 11) |
JUDGMENT
Prateek Jalan, J. (Oral)--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: -
"2. Eligibility for Admission.- The eligibility to seek admission in Bachelor of Ayurveda education shall be as under:-
xxxxx xxxxx xxxxx
(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 subm
Discretion under regulations for educational admissions must be exercised considering only pertinent factors, and the Union's refusal to further lower NEET percentile requirements was lawful given th....
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. Interference ....
: If the criteria for minimum percentile is further reduced, this Court is doubtful about the standard of the students taking admission and is wary of their potential to undertake the professional co....
The court emphasized the importance of maintaining high standards in AYUSH education and the expertise of NCISM in making policy decisions. It also highlighted the potential risk of compromising medi....
Merely because interim orders have been passed which were adinterim exparte orders without the benefit of the arguments of the other side on the basis of the replies filed and the pleadings, such int....
Section 55(1) of 2020 Act empowers Commission to make regulations to carry out provisions.
(1) Judicial review of administrative action is permissible on grounds of illegality, irrationality and procedural impropriety – An administrative decision is flawed if it is illegal.(2) If reducing ....
The court upheld the minimum percentile requirement for postgraduate medical admissions, asserting the importance of maintaining high educational standards in medical education, which cannot be compr....
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