The Delhi High Court on Wednesday sought a response from the Centre, the National Commission for Homoeopathy, and the National Testing Agency among others on a plea by a private homoeopathic medical college challenging the vires of the National Commission for Homoeopathy Act, 2020, to the extent that it mandates National Eligibility-cum-Entrance Test (NEET)-PG for admission to post-graduate AYUSH courses.
The Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla, while issuing notice, allowed the institute to undertake admission in its post-graduate courses in homoeopathy stream for academic session 2021-22 without insisting on their score in the NEET-PG Examination, in case surplus seats are left.
The matter will next be heard on July 19, 2022.
The National Commission for Homoeopathy Act, 2020, was brought into force in September 2020. Sections 14 and 16 of the Act makes it mandatory to clear NEET Examination for being eligible to take admission in undergraduate and postgraduate in alternate medicine courses including homoeopathy. Accordingly, by way of a notification issued in July 2021, the respective sections came into effect.
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The instant petition has been filed by Advocate Kundan Kumar Mishra on behalf of G.D. Memorial Homeopathic College which is the sole private medical college in Bihar that provides post-graduate course in homoeopathy. The plea challenges the vires of Section 16 of the NCH Act for being arbitrary, discriminatory and violative of Articles 14,19(1) (g) and 21 of the Constitution and also on account of the fact that there has been no regulation in force under which the alleged section can control admissions.
“As a matter of fact, no set regulation has been till date prescribed under the NCH Act 2020 for setting up the standard of marks required to pursue PG course in India, leading to a chaotic situation for the students as well as the petitioner, more specifically due to the fact that the counselling session for the academic year 2021-22 has already been commenced for UG courses and for PG courses,” the plea stated.
It adds that no suggestions or objections were ever invited from any stakeholders before undertaking the exercise of passing the impugned notifications on introduction of NEET in AYUSH courses.
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In light thereof, the plea seeks quashing of Information Bulletin issued for academic session 2021-2022 to the extent that it mandates admission on the basis of NEET-PG for admission to post graduation in homoeopathy.
The Delhi High Court is also seized of a batch of petitions challenging the introduction of a common NEET Examination for taking admission in undergraduate level in both homoeopathy as well as modern medicine courses, wherein notices were issued in March and colleges were granted permission to admit students at undergraduate level to homoeopathy courses without insisting upon NEET qualifications in case seats remained vacant.
Similar issue is also pending consideration before the Karnataka High Court and the Madhya Pradesh High Court, wherein the same relief has been granted.
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