Point of Law: 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 interim exparte orders cannot be said to be binding when the court takes up the matter for final hearing. This is particularly so when it is taken and appreciated in the facts of the case

JUDGMENT :

1. Conscious of the settled legal position that if the rule of merit is defeated by inefficiency, inaccuracy or improper method of admission, then it can be interfered and that if the merit alone is criteria for admissions, circumvention of merit is not only impermissible but is also abuse of process of law, this court has taken up these petitions for hearing.

1.1 The petitioners, in these petitions, are students who have been granted conditional admission by their respective colleges affiliated to the respective Universities to pursue the course in the Bachelor of Homeopathic Medicine and Surgery (B.H.M.S) and Bachelor of Ayurvedic Medicine and Surgery (B.A.M.S) respectively. The petitioners have been granted conditional admission by the colleges to pursue the respective B.H.M.S and B.A.M.S courses for the year 2019-20 subject to the lowering of percentile in NEET 2019-2020 examinations. In this context, the prayers of the petitioners is for issuance of a writ of mandamus commanding the respective respondents to hold discussion and thereby lower the qualifying percentile in NEET 2019-20 examination, so as to enable the petitioners to secure admission to the BAMS/BHMS courses.

2. The facts in brief are as under:

2.1 The case of the petitioners is that they have cleared their HSC examination. They were inclined to pursue the Bachelor of Ayurvedic Medicine and Surgery course and/or Bachelor of Homeopathic Medicine & Surgery course. They appeared for NEET – UG 2019 examination and cleared the same. The cut off for the admissions to the respective courses was 50% percentile for the general category candidates. The petitioners have secured a much lower percentile than the required for being eligible to secure admission to the courses.

2.2 Since many seats across the Gujarat State could not be filled in, the concerned colleges on their own filled up the seats on the basis of the NEET score, knowing fully well that the students concerned had not secured the cut off marks. Under these circumstances, conditional letters of admission were issued to the petitioners making it clear that the admission is granted on a condition that if the Department of AYUSH reduces the cut off marks for the academic year 2019-20, their admissions shall be secured. In the event the department refuses such reduction, their admissions shall stand cancelled.

2.3 The case of the petitioners is that the relevant regulations concerning BAMS/BHMS have a proviso which gives the competent authority discretion that when sufficient number of candidates in the respective categories fail to secure minimum marks in the NEET, the Central Government in consultation with the Council may at its discretion lower the minimum marks required for admission to undergraduate course for candidates belonging to the respective categories and the marks so lowered by the Central Government shall be applicable for that academic year only. It is in this context that the petitioners have prayed that discussions be held between the Central Government and the respective councils to lower the percentile for the academic year 2019-20 as was done for the year 2018-19.

2.4 It is the case of the petitioners that the National Testing Agency when it came to securing admissions to the Bachelor of Dental Surgery Course (BDS), revised and lowered the percentile for various categories for securing admission to BDS course for the academic year 2019-20. Reliance is placed on the decision of the High Court of Karnataka at Bengalaru in Writ Petition No. 41486 of 2018, where an order dated 20.09.2019 was passed by the Karnataka High Court and by virtue of such order, the colleges had issued conditional admission letters. The case of the petitioners is that even in a case before the Bombay High Court, the court on 04.10.2019 passed orders wherein interim relief was refused.

2.5 Aggrieved by these orders, Special Leave Petitions were filed before the Hon’ble Supreme Court. As far as the Bengalaru judgment