Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Mangilal Nirban Homoeopathic Medical College – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. common issues in homeopathy college admissions (Para 1 , 2) |
| 2. need for judicial review and party requirement (Para 4 , 5 , 6 , 7) |
| 3. court's observation on case merits (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. impugned communications scrutinized (Para 16 , 17 , 19) |
| 5. executive authority limitations in admission criteria (Para 20 , 21 , 22 , 23 , 24) |
| 6. uoi lacks authority for neet criteria (Para 25) |
| 7. judgment allowing writ petitions and quashing communications (Para 26) |
ORDER :
1. Since the above titled writ petitions filed by the private universities, involve common issues based on similar facts, therefore, they are being decided by this common order. However, for brevity, the facts, as narrated in SBCWP No.16431/2018 are taken into consideration.
2. The facts in brief are that the petitioners are self financed Homeopathy colleges and are running various courses in Homeopathy including post graduation courses in Homeopathy. The respondent No.3 had issued NEET, BAMS, BUMS, BHMS, BNYS Counselling 2018 Information Booklet, which provides information about centralized admission to all Government and Private Ayurved / Unani / Homeopathy / Naturopathy and Yoga Colleges
The UOI cannot impose NEET qualifications for AYUSH admissions without legislative backing, as executive actions cannot override statutory regulations.
The necessity of NEET UG-2019 qualification for admission to BUMS/BAMS/BHMS Courses for the academic session 2019-20 as per the Indian Medicine Central Council Act, 1970 and the Regulations of 2018.
Section 55(2)(m) of 2020 Act does not authorize Central Government to give advisory/instructions to National Testing Agency.
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....
Court mandates the reduction of NEET qualifying percentile for admissions to address vacant seats in medical colleges.
Point of Law; Prescribing a minimum percentile for admission to the Under Graduate Courses for the year 2019-2020 was vehemently defended by the Central Council and the Union of India by submitting t....
The court emphasized that any educational regulations for admissions, such as NEET, must comply with statutory procedures, failing which they are rendered unenforceable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
