The Apex Court on 01.02.2019, in Association of Managements of Homeopathic Medical Colleges of Maharashtra  v  Union of India & Ors[1]., permitted the appeals that had been filed against the introduction of the minimum percentage criteria for the open and reserved categories for admission in AYUSH.

FACTS:

The Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha, Homoeopathy (AYUSH), Government of India had given instructions to the State Governments as well the universities for the admission of the students in AYUSH (UG courses) upon the NEET merit list for the academic year 2018-19. However, the Government of India through a letter had informed all the State Governments that a candidate who wants to take admission for AYUSH (UG Courses) ought to secure minimum of 50% in NEET.

A notice was further by the Respondent No.3 wherein informing all such aspiring candidates regarding the altered eligibility criteria. A writ petition was filed by the Appellant-Association before the High Court of Judicature at Bombay which contested the legality of such letter and notice of the Respondents that eventually had to face a dismissal. Being aggrieved, the concerned appeals were filed in the Supreme Court of India.

CONTENTIONS RAISED  BY THE RESPONDENTS:
As per the contentions raised by  the Central Council of Homoeopathy (Degree Course) B.H.M.S. Regulations, 1983, an aspiring candidate must  have passed the secondary and higher secondary other equivalent examination after 12 years’  of study  followed by the  last two years that must be inclusive of subjects such as  Physics, Chemistry and Biology in order to seek admission for 1st year BHMS course,  with regard to this an information brochure had also been  issued by Respondent No.3 for the  NEET UG – 2018 for seeking  admission in Health Science courses , in  such letter  the candidate belonging to an  open category  shall  be held  eligible  to seek  admission only  after  securing a minimum of 50th percentile  in the  NEET-2018.

CONTENTIONS RAISED BY THE APPELLANTS:

The contention raised by the Appellants was that in that process many seats would stay unfilled if sudden changed standards are to be strictly followed and that its unjust  to introduced such percentage method right after the admission process had commenced .

After receiving no response from the Respondents, a petition was filed before the High Court of Judicature at Bombay  that contested the letter as well as the notice of Respondent No.3 that was subsequently rejected by the High Court wherein it upheld that the student community was very well aware about the aforesaid criterion before the commencement of the online process had begun and way before the last date of registration and since the selection is to be wholly based on merit, such introduction cannot termed as unjustified.

DECISION HELD BY THE APEX COURT:

The Apex Court while permitting the appeal held that the Appellants shall be entitled to the relief of such admissions that had been made without giving any reference to the letter and notice of the Respondents.  While the Managements of the colleges were directed for holding extra classes for the students who had been admitted in pursuance to such an  order for complying with the requirements of  the minimum working days.