Karnataka High Court Upholds NEET For Undergraduate Homeopathy Courses

The Karnataka High Court has upheld the Constitutional validity of provision of the National Commission for Homeopathy Act, 2020, which provides that there shall be a Uniform National Eligibility cum Entrance Test (NEET) for admission to undergraduate Homoeopathy courses in all the institutions governed under the Act.A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil disposed of the petition filed by Karnataka State Private Homoeopathic Medical College Managements Association which had sought to strike down certain provisions of the Act and Regulations framed thereunder, claiming them to be unconstitutional. The bench said Section 14 of the 2020 Act expressly prescribes NEET for admission to undergraduate in Homeopathy in all Medical Institutions. "Thus, the legislature in its wisdom, has taken a view that merit based admission can be ensured to a common entrance test namely NEET,” said the court. Case BackgroundThe Homeopathy Central Council Act, 1973 was repealed by a new enactment viz., the National Commission for Homeopathy Act, 2020 which received the assent of the President on 20.09.2020. The Central Government by an order dated 05.07.2021 constituted the National Commission for Homeopathy. The National Testing Agency issued a public notice dated 13.07.2021 inviting online applications for National Eligibility cum Entrance Test as per Section 14 of the Act. The National Testing Agency notified the conduct of NEET examination for academic year 2022-23 on 17.07.2022. The State Government by a communication dated 13.10.2022 convened a meeting to arrive at a consensual arrangement for providing appropriate fee structure and seat sharing. The Association thereupon submitted representations on 09.11.2022 and 05.12.2022 to reconsider the fee structure.Following which the government held meeting with members of Association and other stakeholders and passed an order on 13.10.2022 providing for annual fee structure and seat matrix in respect of admissions to graduate and post graduate courses in Homeopathic colleges for academic year 2022-23. On 06.12.2022, the calendar was notified regulating imparting courses of study. It was directed that courses shall commence from 1st October of the year. An addendum was issued vide government order dated 13.12.2022 by which it was provided that seats for Homoeopathy courses shall be filled as per the Regulations of 2022 notified on 06.12.2022 through Karnataka Examination Authority.For the academic session 2022-23 also, a large number of seats were vacant. Thereupon the petitioners once again filed an interlocutory application in an earlier petition. Thereafter, a division bench on 22.11.2022 passed an interim order, permitting admissions to students academically qualified but without NEET ranking. The said order was challenged by the National Commission for Homeopathy before the Supreme Court. The Civil Appeal was decided by an order dated 13.02.2023 by which order passed by the high court was set aside and the matter was remitted to the High court to decide the same on merits finally before last date proposed for admission, which was to be extended by National Medical Council. Petitioners ArgumentsIt was submitted that the fundamental rights acknowledged and recognized which are available to private educational institutions on account of decision of Supreme Court viz., Right to admit and to impart secular education is subject to reasonable restrictions and is not permissible to impose any restriction by subordinate or delegated legislation, as is sought to be done by the guidelines issued by Ayush Department of Central Government. Section 14 of 2020 Act is wholly disproportionate to the object sought to be achieved and suffers from manifest arbitrariness, it was argued. The provisions of the Act suffer from doctrine of non retrogression and hit by principles of proportionality, the petitioners told the court“The institutions imparting education in homoeopathy courses are not of All India character and there is no excess demand over availability, giving scope for malpractices and therefore, requiring assessment of inter se merit for grant of admission to competing aspirants for admission does not arise,” it was argued.Moreover, equating and comparing the study of homoeopathy with allopathic medicine and dentistry and applying rigors of provision for grant of admission and standards of education provided for such courses is manifestly arbitrary and suffers from the vice of non application of mind, the court was told.“Neither the Regulations nor the guidelines apply for the academic session 2022-23, therefore, the petitioners be permitted to admit the students on the basis of their academic eligibility” it was argued.Respondents StandSenior counsel Arun Shyam M, for National Homeopathy Commission submitted that the Act and the Regulations framed therein have been enacted with an object to provide medical education system, which includes access to...

Karnataka High Court Upholds NEET For Undergraduate Homeopathy Courses

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