Hearing a plea challenging the rule which makes the National Eligibility cum Entrance Test (NEET) mandatory for admission into homeopathy courses, the Delhi High Court on Wednesday directed the central government to submit a response on the matter, reported Live Law. The two-judge bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla deferred the hearing to March 30 seeking submission from the Ayush Ministry, National Commission of Homeopathy, National Testing Agency and other involved parties.
The plea, filed by a group of Homeopathic Medical Colleges, challenges the legality of Section 14 of the National Commission for Homeopathy Act 2020 and information bulletin issued in July last year that mandated NEET qualification for taking admission into homeopathy courses and modern scientific medicines.
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The plea was filed through Advocated Animesh Kumar, Shweta Singh, Nishant Kumar and Rishabh Gupta. The petitioners contend that the nature and subjects of modern scientific medicines and homeopathy are poles apart, and hence cannot be applied to homeopathy.
The pleas stated that the bulletin mandates the same 50 percentile qualifying criteria for BHMS, BDS and MBBS courses. However, the percentile score is comparative marking depending upon the topper’s score and does not consider the merit based on the marks obtained by candidates.
The merit of BHMS course aspirants is decided based on marks obtained by candidates in modern medicine courses. Besides, it debars the students who were otherwise qualified and aiming to pursue BHMS course because they could not score 50 percentiles.
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The plea cites the example of a Karnataka High Court judgement wherein the petitioner colleges were allowed to admit students to homeopathy courses without insisting upon NEET qualification if seats remained vacant after completing all rounds of counselling. The petitioner also makes reference to another MP High Court Order where interim relief order was given in a similar case.
Previously, the Delhi High Court had also passed an interim order in a similar petition wherein it allowed the concerned institution to provisionally admit students to homeopathy stream qua undergraduate course in the academic year 2021-22 in case the seats were left vacant. The order was issued on February 25 this year.
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