SC: Candidate who has secured minimum marks in NEET UG-2018 is eligible for admission to the 1st year BHMS course for the academic year 2018-19

On Friday i.e. 01.02.2019 in the matter titled as “Association of Managements of Homeopathic Medical Colleges of Maharashtra versus Union of India & Others, Civil Appeal No. 1393 of 2019”, the Hon’ble Supreme Court of India has held that the association should be permitted to make admissions to the 1^st Year BHMS course for the academic session 2018-19 on the basis of the eligibility criteria mentioned in the information brochure dated 5^th February, 2018.

Hon’ble Supreme Court of India has also held that a candidate who has secured minimum marks in the NEET UG-2018 shall be eligible for admission to the 1^st year BHS course for the academic year 2018-19.

Hon’ble Supreme Court of India has also directed that 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.

Judgment

“5. We have perused the judgments and orders passed by the High Courts of Patna1, Karnataka2, Madras3, Rajasthan4, Punjab & Haryana 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 15^thNovember, 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 theAppellants 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 1st year BHMS course for the academic session 2018-19 on the basis of the eligibility criteria mentioned in the information brochure dated 5^th 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 the1st 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.”