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2023 Supreme(Online)(MP) 13663
HIGH COURT OF MADHYA PRADESH
Sheel Nagu, Vivek Agarwal, JJ
R.K.D.F. Homeopathic Medical College And Hospital Research Center Bhopal – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WRIT PETITION No. 5626 of 2021|WRIT PETITION No. 4609 of 2022|WRIT PETITION No. 6104 of 2022|WRIT PETITION No. 6199 of 2022|WRIT PETITION No. 6791 of 2022|WRIT PETITION No. 9340 of 2022|WRIT PETITION No. 10557 of 2022|WRIT PETITION No. 10965 of 2022|WRIT PETITION No. 11010 of 2022|WRIT PETITION No. 11011 of 2022|WRIT PETITION No. 11013 of 2022|WRIT PETITION No. 11098 of 2022|WRIT PETITION No. 11256 of 2022|WRIT PETITION No. 11286 of 2022|WRIT PETITION No. 11291 of 2022|WRIT PETITION No. 11579 of 2022|WRIT PETITION No. 11673 of 2022|WRIT PETITION No. 14806 of 2022|WRIT PETITION No. 1360 of 2023|WRIT PETITION No. 1730 of 2023|WRIT PETITION No. 2681 of 2023|WRIT PETITION No. 2701 of 2023|WRIT PETITION No. 4007 of 2023|WRIT PETITION No. 4187 of 2023|WRIT PETITION No. 4335 of 2023|WRIT PETITION No. 4857 of 2023|WRIT PETITION No. 4863 of 2023|WRIT PETITION No. 5041 of 2023|WRIT PETITION No. 5107 of 2023|WRIT PETITION No. 5108 of 2023|WRIT PETITION No. 5109 of 2023|WRIT PETITION No. 5289 of 2023|WRIT PETITION No. 5540 of 2023|WRIT PETITION No. 5541 of 2023
For the Appellants/Petitioners: Pushpendra Yadav, Naman Nagrath, Kishore Shrivastava
For the Respondents: Aditya Sanghi, Aditya Singh Rajput
Mandatory common entrance tests and centralized counseling for all undergraduate medical professional courses are valid, constitutional measures to ensure merit-based transparency, uphold minimum educational standards, and prevent exploitative or illegal admission practices by private institutions.
Headnote:(A) Medical Colleges - Regulations - Admissions - Eligibility - Requirement of NEET - Constitutional validity - Mandate for centralized entrance test and centralized counseling for undergraduate medical admissions is not arbitrary or illegal as it aims to provide equal opportunity, maintain minimum standards of education, and ensure transparent, merit-based selection. (Paras 2.27, 3.20, 3.21)
(B) Subordinate Legislation - Challenge - Arguments of lack of legislative competence or procedural irregularity regarding Regulation 3 of Degree Course Amendment Regulations - Unless procedural irregularity causes prejudice or failure of justice, it does not vitiate the regulation. (Paras 3.19, 3.20)
(C) Admissions - Illegal admission - Backdoor entry - No right exists for private institutions to admit students through private counseling dehors the statutory provisions and merit-based entrance examinations. (Paras 2.26, 3.7, 3.11)
Facts of the case:
Multiple institutions imparting undergraduate degrees in specialized medical systems challenged the mandatory requirement of a common national entrance test and centralized counseling process. Petitioners contended that the regulations were ultra vires the relevant parent Acts and sought permission to fill vacant seats through private, college-level counseling using standard qualifying examination results.
Findings of Court:
Court found that the minimum eligibility criteria (12th grade with science subjects) is uniform across different medical streams. The prescription of a common entrance test is essential to maintain educational standards and prevent exploitation, serving the national interest and equitable healthcare goals. Institutions cannot lower standards or adopt alternative admission methods once a centralized, merit-based system is in place.
Issues: Whether private institutions can fill seats via college-level counseling; whether separate entrance tests are required for specialized medical systems compared to modern medicine; and whether mandatory requirements for a common entrance test are ultra vires the enabling statutes.
Ratio Decidendi: The prescription of a uniform national entrance test and centralized counseling for all medical undergraduate courses is non-arbitrary, promotes meritocracy and transparent admission procedures, and is essential to ensure minimum educational standards that prevent the production of incompetent practitioners.
Result: Petitions dismissed. Admission of students secured through interim orders saved under the doctrine of actus curiae neminem gravabit.
| Table of Content |
|---|
| 1. summary of relief sought by colleges regarding neet and ayush admissions. (Para 1) |
| 2. court establishes neet validity, centralized counselling, and rejection of college-level admission claims. (Para 3) |
| 3. dismissal of petitions and protection of students enrolled via interim orders. (Para 4 , 5) |
Reserved on : 28.04.2023
Pronounced on : 10.07.2023
These petitions having been heard and reserved for orders, coming on for pronouncement this day, Hon’ble Shri Justice Vivek Agarwal passed the following:
ORDER
1. CONTENT & CONTEXT
This bunch of 34 cases consists of cases filed by various Homeopathic Medical Colleges in the State of Madhya Pradesh and colleges imparting instructions in Ayurveda and allied Indian System of Medicine, leading to degrees of BHMS or BAMS, respectively, at undergraduate level.
1.1 These petitions pertain to year 2021, 2022 and 2023. Reliefs claimed by them can be summarized as under:-
“1. That this Hon'ble Court may be pleased to issue any appropriate writ/order/direction, declaring Regulation 3 of the Homeopathic (Degree Course) Amendment Regulations, 2018 in so far as it mandates NEET as an essential eligibility criteria as ultra vires Section 20 of the Homeopathy Central Council Act 1973 (hereinafter referred to as the “Act of 1973”) and be please to strike down the same, as also being violative of Article 14 Read With Article 19(i)(g) of the Constitution of India.
2. That this Hon'ble Court may be pleased to pass any appropriate writ/order/direction declaring Rule 3.1 r/w Rule 3. of the AYUSH Course Admission Rules 2020 framed by the State Government as ultra vires Section 20 of the CCH Act 1973 and resultantly strike down the same as unenforceable and hold that students who have not participated or qualified in the NEET examination 2020 are also entitled to participate in the counselling process for admission to BHMS courses in the State of Madhya Pradesh for the current academic year 2020-21 in the ongoing counseling process so conducted by the respondent State and the counseling authorities.
3. This Hon'ble Court may be pleased to issue any appropriate writ/order/direction, directing the Respondent State and the counseling authorities to permit 10+2 qualified students to participate in the ongoing counselling process for the BHMS course and take admissions against the vacant seats in various private unaided Homoeopathy colleges in the State of Madhya Pradesh in the ongoing counselling process for the academic year 2020-21 in the interest of justice as is been done in the case of BNYS courses by the respondent State and the counselling authorities.
4. This Hon'ble Court may be pleased to issue any appropriate writ/order/direction, directing the Respondent Central as well as the State Authorities to extend the date of counselling and admissions by a suitable time period, at least 10 days for enabling the non NEET participating and qualified students to participate in the admission process and seek admissions against the vacant leftover seats in the counselling process for the BHMS courses conducted by the Respondent State Authorities in the interest of Justice.
5. This Hon’ble Court may kindly be pleased to issue appropriate writ/order/direction, directing the Respondent State to permit the Petitioner institution to conduct a college level counselling for the seats remaining vacant after the counselling for the seat of the All India Quota and the State level counselling First and Second.
6. That this Hon'ble Court may be pleased to issue any appropriate writ/order/direction, declaring Regulation 4A of the Homeopathic (Degree Course) Amendment Regulations, 2018 in so far as it mandates NEET as an essential eligibility criteria as ultra vires Section 20 of the Act of 1973 and be please to strike down the same, as also being violative of Article 14 Read With Article 19(i)(g) of the Constitution of India.
7. This Hon'ble Court may be pleased to issue any appropriate writ/order/direction,
