Case Note & Summary
The case pertains to the challenge by the Association of Managements of Homeopathic Medical Colleges of Maharashtra against the introduction of a minimum percentile requirement in NEET for admission to BHMS courses for the academic year 2018-19. The Ministry of AYUSH issued letters on 12th February 2018 and 5th June 2018 directing admissions based on NEET merit, and on 11th June 2018 introduced a requirement of 50th percentile for open category and 40th percentile for reserved categories. The appellant association filed a writ petition in the Bombay High Court challenging this change, which was dismissed. The Supreme Court noted that several other High Courts had permitted admissions without the percentile requirement, and those orders were not challenged. The court observed that there was no uniformity across states, and that the last date for admissions had passed. However, considering the peculiar facts, the court allowed the appeals and directed that admissions for the 2018-19 academic year be made based on the eligibility criteria in the information brochure dated 5th February 2018, without reference to the 11th June 2018 letter. The court directed completion of admissions by 15th February 2019 and required colleges to hold extra classes to meet minimum working days. The order was not to be treated as a precedent, and no opinion was expressed on the validity of the percentile requirement itself.
Headnote
A) Education Law - Admission to BHMS Course - NEET Percentile Requirement - Introduction of minimum percentile after commencement of admission process - Court held that due to lack of uniformity across states and orders of various High Courts permitting admissions without NEET percentile, the appellant association should be permitted to make admissions based on the eligibility criteria in the information brochure dated 5th February, 2018, without reference to the letter dated 11th June, 2018 and consequential notice (Paras 6-7).
B) Education Law - Precedent - Non-Precedential Order - The order was passed in the peculiar facts of the case and shall not be treated as a precedent (Para 7).
C) Education Law - Minimum Percentile - No Opinion Expressed - The court expressed no opinion regarding the introduction of minimum percentile as an eligibility criteria in the NEET examination (Para 7).
Issue of Consideration
Whether the introduction of minimum percentile requirement in NEET for admission to BHMS course for the academic year 2018-19, after the commencement of the admission process, was valid and whether admissions should be permitted without such requirement.
Final Decision
The Supreme Court allowed the appeals, setting aside the High Court's judgment. It directed that admissions to the 1st year BHMS course for the academic year 2018-19 be made on the basis of the eligibility criteria in the information brochure dated 5th February 2018, without reference to the letter dated 11th June 2018 and consequential notice. The process was to be completed by 15th February 2019, and colleges were directed to hold extra classes to meet minimum working days. The order was not to be treated as a precedent, and no opinion was expressed on the introduction of minimum percentile as an eligibility criteria.
Law Points
- Admission process
- NEET percentile
- eligibility criteria
- executive fiat
- academic year 2018-19
- BHMS course
- AYUSH
Case Details
2019 LawText (SC) (2) 173
Civil Appeal No. 1393 of 2019 (Arising out of S.L.P. (Civil) No. 766 of 2019) and connected appeals
L. Nageswara Rao, M.R. Shah
K.V. Vishwanathan, Guru Krishna Kumar, Pinky Anand, Katneshwarkar, Vinay Navare
Association of Managements of Homeopathic Medical Colleges of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil appeal against dismissal of writ petition challenging introduction of minimum percentile requirement in NEET for BHMS admissions.
Remedy Sought
The appellant association sought to quash the letter dated 11th June 2018 and notice dated 15th June 2018 introducing percentile requirement, and to permit admissions based on the original information brochure.
Filing Reason
The appellant association challenged the alteration of eligibility criteria after the commencement of the admission process, which rendered many candidates ineligible and left seats vacant.
Previous Decisions
The Bombay High Court dismissed the writ petition, holding that the student community was aware of the criterion before the online process started and that introduction of minimum percentile was justified.
Issues
Whether the introduction of minimum percentile requirement in NEET for BHMS admissions for 2018-19 after the commencement of the admission process was valid.
Whether the appellant association should be permitted to make admissions without reference to the letter dated 11th June 2018 and consequential notice.
Submissions/Arguments
Appellant: The percentile method was introduced in the midst of the admission process, making many candidates ineligible and leaving seats vacant; several High Courts permitted admissions without NEET percentile.
Respondent No.1: The last date for admission had expired; the policy decision was justified; minimum percentile was revised to 35th percentile; further reduction would affect standards.
Respondent No.2 and No.3: Supported the respondent; colleges should not be permitted to make admissions as last date had expired; students would not complete minimum working days.
Ratio Decidendi
In the absence of uniformity across states due to various High Court orders permitting admissions without NEET percentile, and to avoid leaving seats vacant, the appellant association should be permitted to make admissions based on the original eligibility criteria for the academic year 2018-19, without reference to the subsequently introduced percentile requirement.
Judgment Excerpts
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.
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.
Procedural History
The Ministry of AYUSH issued letters on 12th February 2018 and 5th June 2018 directing admissions based on NEET merit. On 11th June 2018, a letter introduced minimum percentile requirement. Respondent No.3 issued a notice on 15th June 2018. The appellant association filed a writ petition in the Bombay High Court challenging these, which was dismissed. The appellant then filed the present appeals in the Supreme Court.
Acts & Sections
- Central Council of Homoeopathy (Degree Course) B.H.M.S. Regulations, 1983:
