HC denies relief to homeopathy students admitted with low NEET scores

Bombay HC refuses to pass interim order on a petition challenging the Ministry of Aayush's decision to not allow students admitted to BHMS in 2020, without the requisite NEET scores, to appear for the exam. The court directs the ministry to hear and decide on the representations made by the institutions.

The Bombay high court on Monday said the purpose of conducting NEET (National Eligibility cum Entrance Test)-UG would be defeated if students admitted without the requisite scores were allowed to continue and complete their education and refused to pass an interim order on a petition filed by the Association of Managements of Homeopathy Colleges of Maharashtra (AMHCM).

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The plea had challenged the ministry of Aayush’s decision to not permit those students who were admitted to BHMS (Bachelor of Homeopathic Medicine and Surgery) in 2020, when the Centre had relaxed the NEET percentage criterion, to appear for the exam.

When a division bench of justice Gautam Patel and justice Neela Gokhale sought to know from the association on what grounds it was seeking a direction to the Aayush ministry to rescind its decision, AMHCM’s counsel Vishal Kanade said the Supreme Court had in May 2023 passed an order in a special leave petition (SLP) directing the institutions to make a representation to the ministry for allowing such students to complete their course.

The HC bench, however, said it disagreed with the contentions of the association.

“It is submitted that since the students in question have appeared for one examination they should be permitted to appear for the remaining exams. There is no substance to this. In fact, there is no end to this. Before long, on the strength of these orders (based on misplaced sympathy and nothing else, and wrongly so based in our view), the students will then claim to be entitled to graduate and to be enrolled as homeopathic practitioners,” the bench said.

It added that as the students admitted by the member colleges of the association could not have been admitted as they did not fulfil the NEET criterion, it was not inclined to grant any interim relief as sought by the petitioner.

The bench then directed Aayush ministry to hear and decide on the representations made by the institutions at its earliest convenience and adjourned hearing of the petition.

The SLP filed in the SC had sought relief for students who were admitted to BHMS in 2020. After the top court was informed that the institutions could approach Aayush ministry, it granted liberty to the institutions to make a representation to the ministry which would then refer it to an expert committee. The SC had also allowed the committee to decide on the admissions done for students with lower NEET scores after 2020.