Delhi High Court - Orders
Hakim Abdul Hameed Unani Medical ... vs Union Of India on 27 February, 2019
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
CM No. 9644/2019 in
+ W.P.(C) 13017/2018
HAKIM ABDUL HAMEED UNANI MEDICAL COLLEGE,
..... Petitioner
Through: Mr. Varinder Kumar Sharma,
Mr. Varun Thakur and
Mr. Brajesh Pandey, Advs.
versus
UNION OF INDIA ..... Respondent
Through: Ms. Shiva Lakshmi, CGSC with
Mr. Siddharth Singh, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 27.02.2019 CM No. 9644/2019 (for directions)
1. Issue notice to the respondent, returnable on 3rd May, 2019.
2. The challenge, in the substantive writ petition, is to a circular dated 1st November, 2018, issued by the Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH). The said circular reads thus :
"F.No.R-13040/33/2016-Hn (Tech) Part Government of India Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) "AYUSH BHAWAN'' 'B' Block ,GPO Complex, INA, New Delhi-ll0023 Dated : 01.11.2018 To, All State Authorities (As enclosed) Sub: Admission in Under Graduate degree Courses in ASU&H College-reg.
Sir/Madam, In continuation to this Ministry's letter of even number dated: 11,06.2018, it is further clarified that the Minister has received various representations stating that seats are lying vacant due to less number of qualified students in the NEET-2018;
2. In this regard, the matter regarding qualifying criteria has been examined by the Ministry and decided that in order to be eligible for admission, it shall be necessary for a candidate to obtain minimum of marks at 35th percentile in NEET-2018. However; in respect of candidates belonging to Scheduled castes, Scheduled tribes. Other Backward Castes the minimum marks shall be at 25th percentile. In respect of the candidates, with bench marked Disabilities specified under the Rights of Persons with Disabilities Act, 2016, the minimum marks shall be at 30th percentile for General Category candidates and 25th percentile for SC/ST/OBC candidates.
3. This clarification is applicable only for Academic Year 2018-19.
4. This issues with the approval of the competent authority.
Yours faithfully Sd/-
(Dr. Shashi Ranjan Kumar Vidyarthi) Director Ph. No. 011-24651976-80"
3. The writ petition points out that the requirement of passing of the NEET Examination in order to secure admission to courses such as BUMS (UG) stand stayed by various High Courts, including this Court, vide its order dated 1st November, 2018 in W.P.(C) No. 11867/2018 (Glocal Unani Medical College and Hospital and Research Centre v. UOI).
4. In view of the aforesaid orders, prima facie, the challenge in the writ petition has merit.
5. CM No. 50529/2018 had been filed, with the writ petition, praying for provisional admission of students be permitted, without their having to comply with the requirements of afore extracted circular dated 1st November, 2018. I had, vide my order dated 3rd December, 2018, rejected the said request for permission to provisionally admit students; taking the view that such direction could not be issued in view of the proscription contained in the judgment of the Supreme Court in Tamilnadu Dr.M.G.R. Medical University v. SVS Educational and Social Crest, 2018 SCC OnLine SC 2834.
6. The present application points out that students actually stand admitted by the petitioner, some of whom have not secured the percentage of marks stipulated in the impugned circular dated 1 st November, 2018 in the NEET. The application only seeks a direction, from the Court, to permit these students to continue pursuing their studies with the petitioner/college, subject to the outcome of the writ petition.
7. Despite notice having been issued in this writ petition as far back as 2nd December, 2018, and the matter having been adjourned successively thereafter, no counter affidavit is forthcoming from the respondents, till date.
8. In the abovementioned facts, I am of the view that, as an ad interim measure, the students who have been admitted by the petitioner, who may not have secured the percentile of marks in the NEET as impugned in the circular dated 1st November, 2018 should be permitted to continue pursuing their studies with the petitioner college.
9. Renotify the application on the date already fixed i.e. 3rd May, 2019.
C.HARI SHANKAR, J FEBRUARY 27, 2019/kr