
10 years on, high court regularises admission of 93 BHMS students
Clause 10.6 of the brochure made it abundantly clear that homeopathic colleges were exempt from following the process under NEET-UG after the first round of admission, the court said on Tuesday in its final order on a batch of petitions filed between 2013 and 2015. The lead petition, filed by the Association of Management of Homoeopathic Medical Colleges of Maharashtra, sought regularisation of the admission of 93 students in its member colleges of the association in 2013-14 and 2014-15.
According to the petition, in 2013-14, colleges under the association followed the admission process outlined in the NEET-UG 2013 national brochure during the first round of admission. Subsequently, they issued an advertisement and requested candidates had who appeared for CET to apply for 58 vacant seats in member colleges.
Meanwhile, in line with routine practice since 2005 till the commencement of NEET in 2013, the association sought permission from the admissions regulating authority of the state government to admit students based on their HSC (class 12 state board exam) results, as per eligibility criteria laid down by the Central Council for Homeopathy (CCH).
The committee, however, did not respond to the association's plea for several months, then stated that it did not have jurisdiction to issue such directions. In December 2013, the colleges sought approval for the admission of students based on their HSC marks from the Maharashtra University of Health Sciences (MUHS). In response, the university said it was necessary to seek sanction/ permission from the director of medical education and research.
In 2014-15 too, member colleges of the association issued advertisements to fill seats remaining vacant after the first round of admission in accordance with NEET-UG procedures. They sought approval from the admissions regulating authority and the MUHS to admit 35 students based on their HSC results, as per CCH criteria, but did not receive a favourable response.
In 2013, the high court provided interim relief to the students and allowed them to pursue the course and appear for annual examinations. In April 2015, the court directed authorities to declare the results of the affected students even as the plea seeking regularisation of their admission was subject to further orders.
On Tuesday, the court observed that clauses in the NEET-UG 2013 brochure were misconstrued and overlooked by the admission regulatory committee.
'Clause 10.6 of the said brochure provided that seats that have arisen or fallen vacant after the first round shall be made available at the second round of selection (except homeopathic colleges) on the basis of preference form already submitted,' the court said, regularising the admission of 93 students 10 years after they finished the course.
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