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2025:UHC:11489-DB

HIGH COURT OF UTTARAKHAND AT NAINITAL

HON’BLE JUSTI CE SRI MANOJ KUMAR TI WARI AND

HON’BLE JUSTI CE SRI SUBHASH UPADHYAY

Writ Petition No. 1068 of 2025 (MB)

Uttaranchal Unani Medical College

and Hospital --Petitioner

Versus

Union of India and others --Respondents

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Advocates:-

Mr. T.A. Khan, Senior Advocate assisted by Mohd. Shaify, Advocate for

petitioner

Mr. Sachin Mohan Singh Mehta, Brief Holder for the State of Uttarakhand

Mr. Manoj Kumar, Standing Counsel for Union of India

Mr. Nishant Krishna Adhikari, Advocate with Mr. Gaurav Nagpal, Advocate

holding brief of Mr. Ramji Shrivastava, Advocate for respondent No. 2

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The Court made the follow ing:

JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari)

1. Petitioner is running a Unani College in the name

and style of “Uttaranchal Unani Medical College &

Hospital, Mustafabad (Padartha), Dhanpura District

Haridwar.

2. According to the petitioner, due to minimum cut

off marks, fixed by National Commission for Indian

System of Medicine for admission in BUMS Course i.e.

50 percentile in National Eligibility-cum-Entrance Test,

sufficient number of students are not coming forward

for taking admission during academic year 2025-2026

and as against total intake capacity of 42, so far only 5

students have taken admission.

3. Learned Senior Counsel for petitioner refers to

Regulation 4(2) of National Commission for Indian

System of Medicine (Minimum Standards of

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2025:UHC:11489-DB

Undergraduate Unani Education), Regulations 2022,

which is extracted below:

“(2) National Eligibility-cum-Entrance Test.- (i) There shall be a

uniform entrance examination for all medical institutions at the

under-graduate level, namely, the National Eligibility-cum-Entrance

Test (NEET) for admission to under-graduate programme in each

academic year and shall be conducted by an authority designed by

the National Commission for Indian System of Medicine.

Provided that the NEET shall not be applicable to Pre-Tib

candidates as per the clause (i) of sub-section (1) under

section 14 of National Commission for Indian System of

Medicine Act, 2020 (14 of 2020).

(ii) In order to consider for admission to under-graduate programme

for an academic year, it shall be necessary for a candidate to obtain

minimum of marks at 50 percentile in the National Eligibility-cum-

Entrance Test for under-graduate programme held for the said

academic year:

Provided that in respect of,-

(iii) candidates belonging to the Scheduled Castes,

Scheduled Tribes and Other Backward Classes, the

minimum marks shall be at 40th percentile;

(iv) candidates with specified disabilities under the

Rights of Persons with Disabilities Act, 2016 (49 of

2016), the minimum marks shall be 45 percentile in

the case of General category and 40 percentile in the

case of the Scheduled Castes, Scheduled Tribes and

Other Backward Classes:

Provided further that where sufficient number of candidates

in the respective category fail to secure minimum marks in

the National Eligibility-cum-Entrance Test held for any

academic year for admission to under-graduate programme,

the National Commission for Indian System of Medicine in

consultation with the Central Government may at its

discretion lower the minimum marks required for admission

to under-graduate programme for candidates belonging to

respective category and marks so lowered by the Central

Government shall be applicable for that academic year only.

4. Learned Senior Counsel for petitioner submits that

it is incumbent on National Commission for Indian

System of Medicine to request the Central Government

to lower the minimum marks required for admission to

undergraduate programmes when sufficient number of

candidates in their respective category fail to get

admission in BUMS Course. He submits that National

Commission for Indian System of Medicine is failing in

its duty by not requesting Central Government to lower

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