Case Note & Summary
The Supreme Court considered appeals and writ petitions challenging the validity of notifications issued by the Central Council of Indian Medicine and Central Council of Homeopathy introducing the National Eligibility cum Entrance Test (NEET) for admission to Under Graduate courses in AYUSH (BAMS, BUMS, BSMS, BHMS) and the AYUSH Post Graduate Entrance Test (AIA-PGET) for Post Graduate courses (MD-Ayurveda), along with minimum qualifying marks. The background involved the Ministry of AYUSH directing admissions for 2018-2019 based on NEET merit, followed by the 2018 Regulations prescribing 50th percentile for general and 40th percentile for SC/ST/OBC candidates. The High Court of Punjab and Haryana initially passed interim orders allowing admissions without insisting on NEET eligibility, but later dismissed writ petitions challenging the regulations. Aggrieved parties, including colleges and students, appealed to the Supreme Court. The legal issues centered on whether the 2018 Regulations were ultra vires the Indian Medicine Central Council Act, 1970, specifically whether the Central Council had power under Section 36 to introduce an all-India entrance examination. The petitioners argued that no specific amendment to the Act, unlike the Indian Medical Council Act, 1956, empowered such regulations, and that NEET was not structured for AYUSH syllabi. The respondents, represented by the Additional Solicitor General, contended that Section 22 of the Act, dealing with minimum standards of education, includes the power to conduct entrance examinations, and Section 36 enables regulations to carry out the purposes of the Act. The Supreme Court agreed with the respondents, holding that Section 22 covers the topic of a common entrance examination, and Section 36(p) allows regulations for any matter under the Act. The Court found the regulations valid and upheld the requirement of minimum qualifying marks to ensure educational standards. The decision favored the Union of India and the Central Council, affirming the validity of NEET for AYUSH courses.
Headnote
A) Administrative Law - Delegated Legislation - Ultra Vires - Section 22, Section 36 Indian Medicine Central Council Act, 1970 - Challenge to regulations introducing all-India entrance examination (NEET) for AYUSH courses - Court held that Section 22, which deals with minimum standards of education, covers the topic of a common entrance examination, and Section 36(p) enables regulations for any matter under the Act - Regulations held valid (Paras 8-9). B) Medical Education - Minimum Standards - Entrance Examination - Section 22 Indian Medicine Central Council Act, 1970 - Prescription of minimum qualifying percentile (50th for general, 40th for SC/ST/OBC) in NEET for admission to BAMS, BUMS, BSMS, BHMS - Court upheld the requirement as necessary to ensure minimum standards of education (Paras 1-2, 9). C) Medical Education - Post Graduate Entrance - AIA-PGET - Indian Medicine Central Council (Post Graduate Ayurvedic Education) Amendment Regulations, 2018 - Introduction of all-India entrance examination for MD-Ayurveda - Held valid under the same reasoning as for Under Graduate courses (Paras 2, 4).
Issue of Consideration
Whether the 2018 Regulations introducing NEET for AYUSH Under Graduate courses and AIA-PGET for Post Graduate courses, along with minimum qualifying marks, are ultra vires the Indian Medicine Central Council Act, 1970.
Final Decision
The Supreme Court dismissed the appeals and writ petitions, upholding the validity of the 2018 Regulations introducing NEET for AYUSH Under Graduate courses and AIA-PGET for Post Graduate courses, along with the minimum qualifying marks. The Court held that the regulations were within the powers conferred by Section 22 and Section 36 of the Indian Medicine Central Council Act, 1970.
Law Points
- Validity of NEET for AYUSH courses
- Minimum qualifying marks
- Ultra vires challenge
- Section 22 Indian Medicine Central Council Act
- 1970
- Section 36 Indian Medicine Central Council Act
- Regulation-making power
- All India entrance examination
