IMPORTANT POINT
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 medical standards and the need to avoid half-baked doctors.

JUDGMENT :

Om Prakash Shukla, J.

1. Heard Shri Rajat Rajan Singh learned counsel for the petitioner, Sri Vijay Kumar, learned Standing Counsel for the State-respondent, Shri Umesh Singh, learned counsel for respondent No.2 and Shri Devak Vardhan learned counsel for respondent No.3.

2. The above-captioned petitions came to be filed by the various Committee of Management of Ayurvedic and Unani Colleges in the State of Uttar Pradesh, primarily seeking filling of the vacant seats of their institutions by lowering the minimum percentile of National Eligibility-cum-Entrance Test (Undergraduate) (hereinafter referred to as ‘NEET UG’) 2023-24 declared for admission in AYUSH UG Courses i.e. Bachelor of Ayurvedic Medicine & Surgery (in short ‘BAMS’) and Bachelor of Unani Medicine & Surgery (in short ‘BUMS’). These petitioners have also sought for extension of time for the last date of admission for these AYUSH UG Courses, wherein Writ-C No. 9920 of 2023 (Committee of Management, Dr. Abdul Ali Tibbiya College & Hospital & Others Vs State of Uttar Pradesh & Ors.) have been filed by almost seven Ayurvedic & Unani Institutions and Writ-C No. 10640 of 2023 has been filed by the Committee of Management, Sahararanpur Ayurvedic Medical College.

3. Since common issue is engaging attention of this Court, wherein both these petitions have been filed, praying for lowering of the minimum percentile of NEET UG 2023-24 for admission in AYUSH Courses by 10% and 15%, respectively, for the session 2023-24, both these petitions have been heard together and as such are being disposed of by this common judgment.

4. However, in order to appreciate the issue in its right perspective, the facts of Writ-C No. 9920 of 2023 is being curled out as a narrative to the present issue.

5. In the said petition, it has been submitted by the learned Counsel for the petitioners that petitioners No.1 to 7, except petitioner No.6, are Unani Medical Colleges and are duly approved by the National Commission for Indian System of Medicine (hereinafter referred to as ‘NCISM’) for imparting BUMS Course for the academic year 2023-24, whereas petitioner No.6 has been approved for BAMS for the said session. It has been contended that vide Government Order dated 18.08.2023, the State Government had notified for conducting counselling for BAMS and BUMS Courses on the basis of NEET UG 2023-24, wherein it was proposed to conduct four rounds of counselling i.e first, second, third and stray vacancy round for the filling up the seats of the institutions. Further, a list of participating institutions was also issued on 12.09.2023, which was updated on 26.10.2023 and the petitioners has contended that the counselling for academic session 2023-24 was held in the following manner :-

itioners that although the stray round of counselling ended on 07.11.2023, however, the last date of admission for AYUSH Courses stood extended till 20.11.2023 by the NCISM. The hinge of the argument of the learned Counsel is that even after the conduct of four rounds of counselling, large numbers of seats are still vacant in these institutions and has, thus, sought for lowering the minimum percentile for AYUSH admissions by 10% for the current academic session 2023-24. The learned Counsel has tried to draw an analogy with the decision dated 20.09.2023 taken by the Central Government for PG Courses (Medical/Dental), wherein the Government taking cognizance of the fact that large number of PG seats were vacant, has reduced the minimum qualifying percentile to “zero” across all categories. Thus, it has been contended by the learned Counsel that although Medical/Dental Course are more specialized, superior,