Non -Reportable  

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1393 of 2019 [ Arising out of S.L.P. (Civil) No. 766 of 2019 ]

Association of Managements of Homeopathic  Medical Colleges of Maharashtra       .... Appellant    

Versus

Union of India & Ors.     ….Respondents

W I T H

CIVIL APPEAL NO. 1395 of 2019 [ Arising out of S.L.P. (Civil) No. 767 of 2019 ]

CIVIL APPEAL NO. 1394 of 2019 [ Arising out of S.L.P. (Civil) No. 158 of 2019 ]

J U D G M E N T

L. NAGESWARA RAO, J.

Leave granted.  

1. The Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha,

Homoeopathy  (AYUSH),  Government  of  India  by  letters  dated  12th

February, 2018 and 5th June, 2018 instructed all the State Governments

and  the  concerned  universities  to  admit  students  in  AYUSH  under- 1

graduate  courses  on  the  basis  of  the  in  NEET  merit  list  for  the

academic  year  2018-19.   By  a  letter  dated  11th June,  2018,  the

Government of India informed the State Governments that a candidate

seeking  admission  to  AYUSH  under-graduate  courses  shall  obtain

minimum  of  marks  at  50th percentile  in  NEET.   Pursuant  thereto,

Respondent No.3 by a notice dated 15th June, 2018 informed all  the

candidates  about  the  changed  eligibility  criteria,  namely,  the

introduction of the requirement of 50th percentile  for  open category

and 40th percentile for reserved category.  The Appellant-Association

filed  a  Writ  Petition  in  the  High  Court  of  Judicature  at  Bombay

challenging the legality of the aforementioned letter dated  11th June,

2018  of  Respondent  No.1  and  notice  dated  15th June,  2018  of

Respondent  No.3  which  was  dismissed.   Aggrieved  thereby,  these

Appeals have been filed.     

2.  According  to  the  Central  Council  of  Homoeopathy  (Degree

Course) B.H.M.S. Regulations, 1983, a candidate should have passed

the 10+2 or other equivalent examination after a period of 12 years’

study with the last two years of study comprising of Physics, Chemistry

and Biology for admission   to 1st year BHMS course.  On 5th February,

2018,  an  information  brochure  was  issued  by  Respondent  No.3  for

NEET UG – 2018 for admission to Health Science courses  i.e. MBBS/

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BDS/ BAMS/ BHMS/ BUMS/ BPTh/ BOTh/ BASLP/ BP&O/ B.Sc. (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 company.

The schedule for the entrance examination for admissions for the year

2018-19 was given in the information brochure.  The entrance test was

scheduled to be conducted on 6th May, 2018 and the results were to be

declared  by  the  first  week  of  June,  2018.   After  the  declaration  of

results of NEET UG – 2018, a notice was issued on 6th June, 2018 by

Respondent  No.3  for  online  registration.   In  the  meanwhile,  the

eligibility criteria for admission to BHMS Degree Course was altered by

Respondent No.1 by a letter dated 11th June, 2018 pursuant to which a

notice was issued by Respondent No.3.      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 not less

than 50th percentile of the marks in NEET-2018.  A candidate belonging

to the reserved category should secure not less than 40th percentile of

the marks which shall  be determined on the basis of highest marks

secured in the all India common merit list in NEET- 2018.   

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3. 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.   As  there  was  no  response  from  the  Respondent,  the

Appellant-Association  filed  a  Writ  Petition  in  the  High  Court  of

Judicature at Bombay challenging the letter dated 11th June, 2018 of

Respondent  No.1 and the consequential  notice of  Respondent  No.3.

The main contention of the Appellant in the Writ Petition was that the

altered standards for admission introduced by letter dated 11th June,

2018 should not be applied to the ongoing admission process and that

the  admissions  for  the  year  2018-19  should  be  conducted  in

accordance  with  the  information  brochure  which  was  issued  on  5th

February, 2018.  The Appellant-Association was not aggrieved by the

introduction  of  the  NEET  examination  for  admission  into  the  BHMS

course.  The only submission made on behalf of the Appellant was that

the  percentile  method  should  not  have  been  prescribed  after  the

commencement of the admission process. The High Court rejected the

said  submission  by  holding that  the student  community  was aware

about the criterion fixed for the admissions on 11th June, 2018 before

the online process started much before the last date of registration on

17th June, 2018.   As the selection is on the basis of merit, according to

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the High Court, introduction of minimum percentile cannot be said to

be unjustified.  The point urged on behalf  of the Appellant that the

relevant regulations have been altered or modified by an executive fiat

was also rejected by the High Court.  

4. Mr. K.V. Vishwanathan, learned Senior Counsel appearing for the

Appellant-Management  and Mr.  Guru  Krishna Kumar,  learned Senior

Counsel  appearing for  the students submitted that  the grievance is

regarding the introduction of the percentile method in June, 2018 in

the midst of the admission process thereby making a large number of

candidates  ineligible  for  admission  to  the  BHMS  course.   Such

introduction of the percentile method resulted in a number of seats

remaining  vacant  for  the  academic  session  2018-19.   They  have

referred to several orders passed by the various High Courts permitting

admission of  candidates  on the  basis  of  the marks  obtained in  the

qualifying examinations without taking into account the result of NEET

UG-2018.  It was further submitted that it is to nobody’s benefit that a

large number of seats remain unfilled for this academic session. On the

other  hand,  several  aspiring  students  would  be  deprived  of  an

opportunity  for  admission  to  the  1st year  BHMS course.   Ms.  Pinky

Anand,  learned  Additional  Solicitor  General  appearing  for  the

Respondent No.1, supported the judgment of the High Court stating

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that the last date for admission to the AYUSH undergraduate courses

was    15th November,  2018  and  no  relief  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  course.  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.   She  further  stated  that  any

further reduction in the minimum percentile would adversely affect the

standards of education.  Mr. Katneshwarkar, learned counsel appearing

for Respondent No.2, and Mr. Vinay Navare, learned counsel appearing

for  Respondent  No.3,  supported  the  learned  Additional  Solicitor

General.  They contended that the colleges should not be permitted to

make admissions as the last date for admissions had expired long back

on 15th November, 2018.  Mr. Navare submitted that the students will

not be able to complete the minimum number of working days.     

5. We have perused the judgments and orders passed by the High

Courts of Patna1, Karnataka2, Madras3, Rajasthan4, Punjab & Haryana5,

1 CWJC No. 2018 dated 10.10.2018 2 WP Nos. 41486-534/2018, WP Nos. 43286-287/2018 & WP Nos. 43304-308/ 2018 dated  11.10.2018 3 WP No.27006/2018, WMP Nos. 31410, 31417 and 31419/ 2018 dated 22.10.2018 4 S.B. Civil Writ No.16430/2018 dated 24.10.2018  5 CWP No.22482/2018, CM-15991-CWP-2018, CM-15992-CWP-2018, CM-16065-CWP-2018 & CM- 16066-CWP-2018 dated 26.10.2018

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Allahabad6 and  Kolkata.7  Directions  were  issued  in  favour  of  the

students  permitting  admissions  on  the  basis  of  the  marks  in  the

qualifying  examination  without  reference  to  the  marks  secured  by

them  in  the  NEET  UG-2018  examination.   The  learned  Additional

Solicitor General fairly submitted that none of the judgments or orders

passed by the High Courts have been challenged.   

6.  Though the last date for admission to the BHMS course was 15th

November, 2018, we are informed that the last date was extended till

20th December, 2018 by the Allahabad High Court.  Though there is no

agreement on the exact number of vacant seats, it is common ground

that there are vacant seats for admission to the 1st year BHMS course

in the State of Maharashtra.  As there is no uniformity in the matter of

admission  to  the  1st year  BHMS  course  for  the  year  2018-19,  as

securing  minimum  marks  in  NEET  is  not  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  consequential  notice  of  Respondent  No.3.   In  other  words,  the

Appellant-Association should be permitted to make admissions to the 6 MISC. 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.  7 WP 22539(W)/ 2018 & WP 22542 (W) 2018 dated 05.12.2018  

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1st year BHMS course for the academic session 2018-19 on the basis of

the eligibility criteria mentioned in the information brochure dated 5th

February, 2018.  A candidate who has secured minimum marks in the

NEET UG-2018 shall  be eligible  for  admission to  the 1st year  BHMS

course for the academic year 2018-19.

7. As two months have passed after the last date of admission to the

1st year  BHMS  course  i.e. 15th November,  2018,  we  direct  the

Appellants to complete the process of admissions strictly on the basis

of the merit by 15th February, 2019.  The Managements of the colleges

are directed to hold extra classes for students who will be admitted

pursuant to this order to comply with the requirements of minimum

working days.  This order which is passed in the peculiar facts of the

case shall not be treated as a precedent.  No opinion is expressed by

us  regarding  the  introduction  of  the  minimum  percentile  as  an

eligibility criteria in the NEET examination.        

8. Appeals are disposed of accordingly.

CIVIL APPEAL NO.______________ of 2019  [ Arising out of S.L.P. (Civil) No. 158 of 2019 ]

Leave granted.  

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Ms.  Pinky  Anand,  learned  Additional  Solicitor  General  for  the

Respondent  No.1,  pointed  out  that  the  Ayurvedic  medical  colleges

stand  on  a  different  footing  in  comparison  to  the  Homoeopathy

medical colleges.  We have carefully examined the material on record

and we are convinced that the issue in this Appeal is the same as that

of  Homoeopathy  colleges,  namely,  the  introduction  of  minimum

percentile in the NEET for admission to the UG courses for the year

2018-19.   Therefore,  this  Appeal  is  disposed  of  in  terms  of  the

judgment in Civil Appeals @ SLP (C) Nos. 766 and 767 of 2019.   

               ..................................J.               [L. NAGESWARA RAO]

 ..................................J.               [M.R. SHAH]

New Delhi, February 1, 2019.

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