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2022 Supreme(UK) 266
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
VIPIN SANGHI, RAMESH CHANDRA KHULBE, JJ.
Surajmal Medical College of Ayurved and Hospital and Another – Petitioners
Versus
State of Uttarakhand and Others – Respondents
Writ Petition (M/S) No. 1005 of 2022
Decided On : 19-10-2022
Advocate Appeared:
For the Petitioners: Arvind Vashistha, Ajay Joshi, Hemant Mehra.
For the Respondents: Mamta Bisht, V.K. Kapurwan, Suyash Pant, Ramji Srivastava.
The NEET examination conducted by the National Medical Commission could be considered as the NEET examination for the purpose of the National Commission for Indian System of Medicine Act, 2020, based on the similarity in syllabus and eligibility conditions.
Headnote:
NEET Examination - National Commission for Indian System of Medicine - National Commission for Indian System of Medicine Act, 2020 - Section 14(1), 14(2) - The court discussed the provisions of the National Commission for Indian System of Medicine Act, 2020 and the National Medical Commission Act, 2019 in relation to the conduct of the NEET examination for admission to undergraduate courses in Indian System of Medicine. The court interpreted the language of the acts and concluded that the NEET examination conducted by the National Medical Commission could be considered as the NEET examination for the purpose of the National Commission for Indian System of Medicine Act, 2020, based on the similarity in syllabus and eligibility conditions.
Fact of the Case:
The petitioners sought relief to permit the filling of 60 seats in B.A.M.S. Course (Ayurveda) for the academic year 2021-22 based on the minimum qualifications prescribed under the National Commission for Indian System of Medicine Act, 2020. They also sought to quash the regulation imposing a restriction on NEET percentile for admission.
Finding of the Court:
The court rejected the petitioners' submission and dismissed the petition, concluding that the NEET examination conducted by the National Medical Commission could be considered as the NEET examination for the purpose of the National Commission for Indian System of Medicine Act, 2020.
Issues: The issues revolved around the interpretation of the provisions of the National Commission for Indian System of Medicine Act, 2020 and the National Medical Commission Act, 2019 in relation to the conduct of the NEET examination for admission to undergraduate courses in Indian System of Medicine.
Ratio Decidendi: The court's decision was based on the interpretation of the language used in the acts and the finding that the NEET examination conducted by the National Medical Commission could be considered as the NEET examination for the purpose of the National Commission for Indian System of Medicine Act, 2020, due to the similarity in syllabus and eligibility conditions.
Final Decision: The petition was dismissed, and the parties were directed to bear their respective costs.
JUDGMENT :
VIPIN SANGHI, J.
1. The petitioners have preferred the present writ petition to seek the following reliefs:
(i) Issue a writ order or direction in the nature of mandamus directing the respondents to permit the petitioner no. 1 to complete/fill the 60 seats in B.A.M.S. Course (Ayurveda) for the academic year 2021-22 on the basis of minimum qualification as prescribed under National Commission for Indian System of Medicine Act, 2020.
(ii) Issue a writ, order or direction in the nature of certiorari for quashing the Regulation 5(2) of National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations 2022 (Annexure No. 8) which imposes a restriction that it shall be necessary for a candidate to obtain a minimum of 50th percentile in NEET in order to be eligible for admission to under-graduate course for an academic year, which is beyond jurisdiction and is illegal and arbitrary.
2. The case of the petitioners is that petitioners are academic institutions established to provide medical treatment under Ayurveda.
3. The submission of Mr. Vashishtha, learned Senior Counsel for the petitioner is that the aforesaid reliefs are being sought, since the National Commission for Indian System of Medicine, constituted under Section 3 of the National Commission for Indian System of Medicine Act, 2020 has failed to conduct the National Eligibility cum Entrance Test in terms of Section 14 of the said Act on its own.
4. Mr. Vashishtha submits that under Section 14 (1) of the said Act, a uniform National Eligibility-cum-Entrance Test for admission to the undergraduate courses in each of the disciplines of the Indian System of Medicine, in all medical institutions governed by the said Act, is required to be conducted.
5. Section 14 (2) provides that “the Commission shall conduct the National Eligibility-cum-Entrance Test in English and in such other languages, through such designated authority and in such manner, as may be specified by regulations.”
6. Mr. Vashishtha submits that rather than conducting the uniform National Eligibility-cum-Entrance Test, in terms of Section 14 (1) on its own, the Commission has decided to rely upon the National Eligibility-cum-Entrance Test, conducted by the National Medical Council constituted under the National Medical Commission Act, 2019, which is similarly required to conduct a uniform test for grant of admission to the MBBS Courses under the Allopathic System of Medicine.
7. Mr. Vashishtha further submits that the said Test conducted by the National Medical Commission cannot be considered to be the uniform National Eligibility-cum-Entrance Test conducted by the National Commission for Indian System of Medicine. There is no power of delegation conferred on the National Commission for Indian System of Medicine, so as to delegate its function of conducting the uniform National Eligibility-cum-Entrance Test on the National Medical Commission constituted under the National Medical Commission Act, 2019.
8. On the aforesaid premise, the submission of Mr. Vashistha is that since the National Eligibility-cum-Entrance Test conducted by the National Medical Commission cannot be considered to be the uniform National Eligibility-cum-Entrance Test for admission to undergraduate courses in each of the disciplines of the Indian System of Medicine in medical institutions governed by the National Commission for Indian System of Medicine Act, 2020, the petitioner no. 1 should be permitted to fill up the 60 seats in B.A.M.S. Course (Ayurveda) for the academic year 2021-22, on the basis of minimum qualifications prescribed under the aforesaid Act, and the restriction that the candidate should have obtained minimum 50th percentile in the NEET examination conducted by the National Medical Commission in order to be eligible for admission to undergraduate course, should be quashed.
9. On the other hand, the respondent has sought to place reliance on the order dated 12.04.2022, passed
