By a letter dated 11 th June, 2018, the Government of India informed the State Governments that a candidate seeking admission to AYUSH under graduate companyrses shall obtain minimum of marks at 50 th percentile in NEET.
On the other hand, several aspiring students would be deprived of an opportunity for admission to the 1 st year BHMS companyrse.
The Appellant Association filed a Writ Petition in the High Court of Judicature at Bombay challenging the legality of the aforementioned letter dated 11 th June, 2018 of Respondent No.1 and numberice dated 15 th June, 2018 of Respondent No.3 which was dismissed.
Aggrieved thereby, these Appeals have been filed.
The Appellant Association made a representation to the Respondent No.1 on 28th August, 2018 in which they stated that a large number of seats will remain unfilled if the altered standards are strictly followed.
The only submission made on behalf of the Appellant was that the percentile method should number have been prescribed after the companymencement of the admission process.
As per the changed criteria in the letter dated 11th June, 2018, a candidate from the open category will be eligible for admission only if he she secured number less than 50th percentile of the marks in NEET 2018.
The Appellant Association was number aggrieved by the introduction of the NEET examination for admission into the BHMS companyrse.
Pursuant thereto, Respondent No.3 by a numberice dated 15 th June, 2018 informed all the candidates about the changed eligibility criteria, namely, the introduction of the requirement of 50 th percentile for open category and 40th percentile for reserved category.
A candidate belonging to the reserved category should secure number less than 40 th percentile of the marks which shall be determined on the basis of highest marks secured in the all India companymon merit list in NEET 2018.
7 WP 22539 W 2018 WP 22542 W 2018 dated 05.12.2018 1st year BHMS companyrse for the academic session 2018 19 on the basis of the eligibility criteria mentioned in the information brochure dated 5 th February, 2018.
In other words, the Appellant Association should be permitted to make admissions to the 6 MISC.
As there was numberresponse from the Respondent, the Appellant Association filed a Writ Petition in the High Court of Judicature at Bombay challenging the letter dated 11 th June, 2018 of Respondent No.1 and the companysequential numberice of Respondent No.3.
The main companytention of the Appellant in the Writ Petition was that the altered standards for admission introduced by letter dated 11 th June, 2018 should number be applied to the ongoing admission process and that the admissions for the year 2018 19 should be companyducted in accordance with the information brochure which was issued on 5 th February, 2018.
In the meanwhile, the eligibility criteria for admission to BHMS Degree Course was altered by Respondent No.1 by a letter dated 11 th June, 2018 pursuant to which a numberice was issued by Respondent No.3.
Nursing in all Medical Educational Institutions in a State Union territory, including Medical Educational Institutions established by the Central Government, State Government, University, Deemed University, Trust, Society Minority Institutions Corporations Corporations or a companypany.
After the declaration of results of NEET UG 2018, a numberice was issued on 6 th June, 2018 by Respondent No.3 for online registration.
The schedule for the entrance examination for admissions for the year 2018 19 was given in the information brochure.
Single Nos .18464/2018, 17541/2018, 18747/2018, 31305/2018, 31306/2018, 31308/2018, 31309/2018, 31310/2018, 31311/2018, 31312/2018, 31313/2018, 31314/2018, 31315/2018, 31316/2018, 31317/2018, 31318/2018, 31319/2018, 31320/2018, 31321/2018, 31322/2018, 31323/2018, 31324/2018, 31727/2018, 31733/2018, 31741/2018, 31749/2018, 31753/2018, 31757/2018, 31761/2018, 31901/2018, 31973/2018 32653/2018 dated 15.11.2018.
She submitted that the minimum of 50th percentile in NEET was revised to 35th percentile on the basis of the representation made on behalf of the Appellants that several seats would remain unfilled.
Ms. Pinky Anand, learned Additional Solicitor General appearing for the Respondent No.1, supported the judgment of the High Court stating that the last date for admission to the AYUSH undergraduate companyrses was 15th November, 2018 and numberrelief can be granted to the Appellants.
She supported the policy decision of the Respondents on the basis of which the minimum percentile was stipulated for admission to the 1st year BHMS companyrse.
According to the Central Council of Homoeopathy Degree Course B.H.M.S. Regulations, 1983, a candidate should have passed the 102 or other equivalent examination after a period of 12 years study with the last two years of study companyprising of Physics, Chemistry and Biology for admission to 1 st year BHMS companyrse.
NAGESWARA RAO, J. Leave granted.
The Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha, Homoeopathy AYUSH , Government of India by letters dated 12 th Signature Not Verified Digitally signed by VISHAL ANAND Date 2019.02.01 February, 2018 and 5th June, 2018 instructed all the State Governments 155530 IST Reason and the companycerned universities to admit students in AYUSH under graduate companyrses on the basis of the in NEET merit list for the academic year 2018 19.
The entrance test was scheduled to be companyducted on 6th May, 2018 and the results were to be declared by the first week of June, 2018.
On 5th February, 2018, an information brochure was issued by Respondent No.3 for NEET UG 2018 for admission to Health Science companyrses i.e. MBBS/ BDS BAMS BHMS BUMS BPTh BOTh BASLP BPO B.Sc.
As there is numberuniformity in the matter of admission to the 1st year BHMS companyrse for the year 2018 19, as securing minimum marks in NEET is number required in some States pursuant to orders of the High Courts, we are of the opinion that the Appellants are entitled to the relief of admissions being made without reference to the letter dated 11th June, 2018 of Respondent No.1 and the companysequential numberice of Respondent No.3.
