The Himachal Pradesh High Court Division Bench consisting of CJ L. Narayana Swamy and Justice Jyotsna Rewal Dua allowed an application that prayed to fill the seats pertaining to the State Quota in their institutes for the academic session 2019-2020 in the department of Bachelor of Ayurvedic Medicine and Surgery from both the NEET students and the students who didn’t appear for NEET but fulfilled the requisite eligibility criteria. The minimum eligibility in this case was the attaining of minimum 50% marks in the subjects Physics, Biology and Chemistry.
The petitioner institute was granted a no objection certificate in this regard by the respondent state for establishing a college with a capacity of 60 students for BAMS under the course for undergraduates. The grievance of the petitioner pertains to this aforementioned course. The admission criteria as specified in the prospectus stated 50 percentile in the NEET score. The petitioner institute said that it could not fill up the total number of seats under the All India Quota even after two rounds of counseling. The state allowed the conversion of the vacant seats and the petitioner college filled its 16 seats.
The counsel for the petitioner argued that since the college was a self financed college and did not receive any government aid, the 16 vacant seats would result in economic losses for the institution as the survival of the institution was purely on the fee collected.
The respondents argued submitted that allowing such an instance would go against the eligibility criteria.
The Court relied on the Karnataka High Court order against the Writ Petition No. 41486 of 2018 issued similar directions which were as follows:
“(i) In the on-going counselling for the academic year 2019-20, after all NEET qualified students have made their choices and if seats remain unfilled, any other candidate who has not appeared for NEET examination, but has the minimum qualification to undergo the AYUSH courses (BAMS, BHMS and BUMS) as provided, shall be permitted to take part in the counselling.
(ii) Such of those candidates would also be intimated that their admission are being made in view of the absence of NEET qualified candidates and would ultimately remain subject to the result of these writ petitions.
(iii) It is further made clear that the process as indicated above would be applicable only to such of those institutions who are
otherwise qualified to make admissions by possessing requisite infrastructure and if the competent authorities have taken any action against any of the colleges and restrained them from making admissions for the present academic year, such of those institutions shall not make admissions by taking benefit of this order.
(iv) If any of the institutions against who action had been initiated has secured an interim order permitting admissions and have already participated in the counselling, such institutions are eligible for making admissions in terms of this order.”
Hence, the petition was disposed of in view of the above terms.
Abhilashi Ayurvedic College and Research Institute v. Union of India, CWP No. 2664 of 2019,