ASSOCIATION OF MANAGEMENT OF HOMOEOPATHIC MEDICAL COLLEGES OF MAHARASHTRA THROUGH DR.D.BAGAL AND AN v. THE STATE OF MAHARASHTRA THROUGH ITS DEPT. OF MEDICAL EDUCATION AND DRUGS AND ORS
Admission to BHMS Courses: High Court Quashes Disapproval of Admissions Based on HSC Marks After NEET-UG First Round, Upholding CCH Regulations and Prior Practices.
Court: Bombay High Court
Citation: 2025:BHC-AS:20608-DB
Decision Date: 06-05-2025
List of Laws
The Homeopathy Central Council Act, 1973; The Constitution of India; National Eligibility cum Entrance Test (NEET-UG); Maharashtra University of Health Sciences Act
- Facts: The Association of Management of Homoeopathic Medical Colleges of Maharashtra and several member colleges filed writ petitions challenging the disapproval of admissions of 93 students to the BHMS course for the academic years 2013-14 and 2014-15. These students were admitted based on their HSC marks, after the first round of CET/NEET-UG, when seats remained vacant. The Pravesh Niyantran Samiti (Admissions Regulation Committee) and the Maharashtra University of Health Sciences (MUHS) raised objections, insisting on admissions solely through CET/NEET-UG. The Central Council for Homeopathy (CCH) supported the eligibility of students based on HSC marks.
- Procedural Posture: The case came before the High Court of Judicature at Bombay in the form of multiple writ petitions, including Writ Petition No. 7248 of 2014, along with several interim applications. The petitions challenged the communications disapproving the admissions and sought directions for MUHS to grant eligibility and declare results.
- Issue: Whether the Petitioner Association and its member colleges were justified in admitting students to the BHMS course based on HSC marks after the first round of CET/NEET-UG, when seats remained vacant, and whether the impugned communications disapproving these admissions are valid.
- Holding: The High Court held that the impugned communications disapproving the admissions of the 93 students were invalid and quashed them. The Court declared that the concerned 93 students, as admitted by the Petitioner colleges, were eligible to be admitted to the BHMS course.
- Reasoning: The Court reasoned that until Academic Year 2013-14, private homeopathic colleges were routinely permitted to admit students after the first round of CET, if seats remained vacant, based on either association's CET or HSC marks. The NEET-UG 2013 brochure carved out an exception for BHMS courses, stating that Clause 4.5.1.1, which mandated a minimum percentage in Physics, Chemistry, and Biology, was not applicable to BHMS. Clause 9.2.6 allowed only one round of private Homeopathic Medical College admissions during the first round for 85% of seats, and Clause 10.6 carved out an exception for Homeopathic Colleges regarding vacant seats after the first round. The Court also noted that the CCH, the statutory body, had clarified that the minimum qualification for admission to Homeopathic colleges is passing the 12th standard/HSC examination. The court also took into account the interim orders passed previously protecting the students.
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