POINT OF LAW: 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 courses.

JUDGMENT :

1. Out of the captioned writ petitions, cases mentioned at S.Nos.1 to 4 have been filed by the institutions, whereas case mentioned at S.No.5 has been filed by the students, seeking admission against the seats remaining vacant in these Institutions.

2. The petitioners Nos.1 to 4 are conducting courses of Bachelor of Ayurvedic Medicine & Surgery (BAMS), Bachelor of Homeopathic Medicine & Surgery (BHMS),Bachelor of Naturopathy & Yogic Sciences (BNYS) and Bachelor of Unani Medicines & Surgery (BUMS) commonly known as AYUSH Courses. Petitioners-Institutions are having due approval from the respective statutory bodies.

3. After the academic session 2019-20, the students in AYUSH Courses are being given admission through counseling, subject to condition of clearing National Eligibility cum Entrance Test (hereinafter referred to as ‘the NEET’), through counseling, of course on the basis of their merit in such examination.

4. All petitions involve common facts and question of law, hence, they are being decided conjointly. However, the facts from S.B. Civil Writ Petition No.6865/2021 [Jyoti Vidyapeeth Womens University Vs. The U.O.I. & Ors.] are being taken into consideration.

5. The Central Council of Indian Medicine (hereinafter referred to as ‘the Council’ or ‘the CCIM’), in exercise of powers conferred upon it by the various clauses of sub-section (1) of Section 36 of the Indian Medicine Central Council Act, 1970, framed Regulations, which were published in the Official Gazette of India on 07.12.2018. These Regulations have been named as Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine)(Amendment Regulations), 2018 which hereinafter will be referred to as ‘the Regulations of 2018’ or ‘the Regulations’.

6. Regulation No.2 of the Regulations of 2018 prescribes required educational qualification and other eligibility criteria for admission in undergraduate course of Bachelor of Ayurvedic Medicines (BAMS) according to which, a candidate is eligible for admission, who has passed intermediate (10+2) or equivalent examination with subjects of Physics, Chemistry, Biology and English individually and has obtained minimum aggregate of 50% marks in Physics, Chemistry and Biology, subject to some relaxation carved out for the candidates belonging to SC, ST, OBC Categories and persons with benchmark disability.

7. Clause (d) of Regulation No.2 of the Regulations of 2018 provides that in order to be eligible for admission to undergraduate course in an academic year, it shall be necessary for a candidate of unreserved category to secure minimum of marks at 50th percentile in the NEET held for such academic year. Relaxation in this requirement has also been provided to the candidates belonging to SC, ST, OBC and persons with disabilities and accordingly, in case of candidates of SC, ST and OBC, the minimum passing marks is 40th percentile and for persons with disabilities it is 45th percentile for general category and 40th percentile for SC, ST, OBC.

8. A proviso is appended with above referred clause (d) of Regulation No.2 of the Regulations, which postulates that in case substantial number of candidates in respective categories fail to secure minimum marks in the NEET held in a particular academic year, the Central Government, in consultation with the CCIM may at its discretion lower the minimum marks required for admission to undergraduate course, however, with a condition that such relaxation would be applicable for that academic year only.

9. Before proceeding further, it would be apt to sail through the Regulation No.2 of the Regulations of 2018, which reads as under:-

“2. Eligibility for Admission.-The eligibility to seek admission in Bachelor of Ayurvedic education shall be as under:-

(a) The candidate must have passed (10+2) or its equivalent examination recognised by the concerned State Government an