ABHILASHI UNIVERSITY vs UOI AND OTHERS
- Court
- High Court of Himachal Pradesh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
High Court of H.P.
CWP No.14875 of 2026
Reserved on :09.09.2026
Date of Decision: 14 .9.2026
____________ ___________________________________________
Abhilashi University …….Petitioner
Versus
Union of India and Ors. … Respondents
_______________________________________________________
Coram:
Hon’ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? Yes.
For the Petitioner: Mr. K.D. Shreedhar, Senior Advocate with Ms.
Sneh Bhimta, Advocate.
For the Respondents: Mr. Balram Sharma, Deputy Solicitor General of
India with Mr. Rajeev Sharma, Advocate, for
respondents No. 1, 3 and 4.
Mr. Rajan Kahol & Mr. Vishal Panwar, Additional
Advocates General and Mr. Ravi Chauhan & Mr.
Anish Banshtu, Deputy Advocates General, for
the respondent-State.
Sandeep Sharma, Judge :
Petitioner herein, which is a private State University
established in the State of Himachal Pradesh as per the Abhilashi
University (Establishment and Regulation) Act, 2014, enacted by the
State of Himachal Pradesh, is aggrieved of communications dated
08.05.2026 and 11.05.2026, whereby directions came to be issued to
the petitioner as well as respondent-State to make admission to the
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
2
academic course of Bachelor of Veterinary Science and Animal
High Court of H.P.
Husbandry (hereinafter referred to as the “B.V.Sc. & A.H.”) courses
for 2026-2027 on the basis of merit of NEET and centralized
counselling, has approached this Court in the instant proceedings
filed under Article 226 of Constitution of India, praying therein for the
following reliefs:
“A. That the impugned correspondences dated 08-05-2026 &
11-05-2026 may kindly be set aside as being illegal to the
extent they make NEET merit the basis for admissions in
BVSc & AH course.
B. That the public notice dated 08-02-2026 may kindly be read
down so far as it relates to or operates upon the petitioner
university.
C. That the respondents may kindly be directed to allow the
petitioner to make admissions in BVSc & AH coursewith intake
of 80 seatsby conducting the examination by the petitioner
university i.e. (AUPVET) and counselling be allowed to be
done on the basis of AUPVET at the level of the petitioner
university level itself, till the time a competitive entrance test is
conducted by the state government or the VCI in future.”
2. Quintessential facts, as emerge from the pleadings as
well as documents adduced on record by the parties to lis, are that
petitioner-University, which is a private State University, vide proposal
dated 25.07.2023 applied to the State Government for issuance of
Essentiality Certificate and No Objection Certificate for establishing a
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
3
new School of Veterinary Sciences for offering degree course of
High Court of H.P.
B.V.Sc. & A.H. with intake of 80 seats at its campus. The State
Government issued both the Essentiality Certificate and No Objection
Certificate dated 11.08.2023.
3. In order to start any course related to veterinary sciences,
necessary Letter of Intent and Letter of Permission are granted by the
Ministry of Fisheries, Animal Husbandry and Dairying, Government of
India, based on the recommendation of respondent No.3-Veterinary
Council of India (in short the “VCI”). The minimum standards for
imparting veterinary education in India are governed under the
Veterinary Council of India Minimum Standards of Veterinary
Education (Bachelor of Veterinary Science and Animal Husbandry
Degree Course) Regulations, 2016 (herein after referred to as the
“MSVE Regulations, 2016”).
4. Clause 7(1) of the aforesaid Regulations provides that
selection of students for admission to B.V.Sc. & A.H. Course in
Government or private colleges shall only be on the basis of merit
through a competitive entrance examination conducted by University
or State Government or Veterinary Council of India to achieve uniform
evaluation. Clause 7(3) provides that admission of students to B.V.Sc.
& A.H. degree course shall be made only on the basis of his or her
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
4
merit in the competitive examination and no other merit or weightage
High Court of H.P.
shall be considered for admission to the aforesaid course.
5. Vide communication/application dated 30.08.2023,
petitioner applied for Letter of Permission for starting the B.V.Sc. &
A.H. course with 80 seats for the academic session 2024-2025.
Though respondents, including Veterinary Council of India, conducted
inspection of the petitioner-institute twice and recommended the same
for Letter of Permission, but since necessary permission was not
granted, it was compelled to approach this Court by way of CWP No.
4482 of 2024, which came to be allowed vide judgment dated
25.07.2024 passed by this Court (Annexure P-2). Pursuant to
directions contained in the aforesaid judgment, petitioner-University
was granted Letter of Permission vide letter dated 28.10.2024.
6. On 15.01.2026, petitioner applied for renewal of Letter of
Permission for academic session (3rd and 4th) as per Rule 9 of Rules
of 2017 and such permission was granted vide correspondence dated
15.01.2026 (Annexure P-3).
7. Since no steps were being taken by the VCI or State of
Himachal Pradesh to conduct the competitive examination for
admission in B.V.Sc. & A.H. courses for academic session 2026-
2027, petitioner requested the VCI to permit it to admit the students
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
5
on the basis of its entrance examination, i.e., AUPVET, as was being
High Court of H.P.
conducted by it since 2016.
8. Since no response was received from the VCI, petitioner
proceeded to issue admission notice dated 06.04.2026 (Annexure P-
7) and invited applications for admission to B.V.Sc. & A.H. course in
petitioner-University through competitive entrance test conducted by
petitioner under the name of AUPVET-2026.
9. Vide impugned communications dated 08.05.2026 and
11.05.2026, VCI directed the State Government to follow the mandate
of MSVE Regulations, 2016 and conduct a competitive entrance test
for admission of students in B.V.Sc. & A.H. in petitioner-University
and to also conduct a centralized counselling as per result of such
competitive entrance test for academic session 2026-2027. However,
while issuing aforesaid directions, VCI observed that alternatively, the
State Government may make admission in the said course as per
NEET-UG qualified merit list by holding centralized counselling based
on NEET result.
10. Vide communication dated 23.05.2026, petitioner again
requested respondents No. 1 and 2 to permit it to admit the students
in B.V.Sc. & A.H. courses in academic session 2026-2027 on the
basis of entrance examination as was conducted by the petitioner in
the past. It specifically came to be mentioned in the aforesaid
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
6
communication by the petitioner that since the State Government,
High Court of H.P.
despite direction of the VCI, is not holding any competitive entrance
test for admission to the said course, it may be permitted to conduct
the test (Annexure P-9), however, no response to the aforesaid
communication was received and as such, vide communication dated
22.07.2026, petitioner again requested the VCI to allow it to make
admission as per its own entrance test and counselling for B.V.Sc. &
A.H. course for session 2026-2027 (Annexure P-10). Since no
favourable response was received, petitioner has approached this
Court in the instant proceedings, praying therein for reliefs as have
been reproduced hereinabove.
11. Pursuant to directions issued by this Court, respondents
No. 4 and 5 filed their replies, wherein facts as have been noted
hereinabove have not been disputed, rather an attempt has been
made to refute the claim of the petitioner on the ground that Executive
th
Committee of VCI in its 136 meeting held on 15.04.2025 decided
that State Governments having veterinary colleges shall be advised
that each State shall conduct centralized counselling at their own level
of constituent veterinary colleges for admission to B.V.Sc. & A.H.
degree courses against 85% quota as well as management/State
quota in private veterinary colleges. It also came to be decided in the
aforesaid meeting that if the merit of NEET-UG is being used for
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
7
admission, then only qualified NEET-UG merit list shall be used for
High Court of H.P.
admission to B.V.Sc. & A.H. degree course and admissions made
from unqualified NEET-UG merit list may not be considered for valid
admission (Annexure R-1).
12. It is also stated in the reply that Secretary of VCI vide
letter dated 30.04.2025 (Annexure R-2), conveyed the decision of
Executive Committee of VCI to the Principal Secretary, Animal
Husbandry Department (all States/UT Governments), Vice
Chancellors, all Agricultural/Veterinary Universities/ Universities
having the faculties of Veterinary Science, Registrars, all
Agricultural/Veterinary Universities/Universities having the faculties of
Veterinary Sciences, Deans/Associate Deans and all Veterinary
Colleges to comply with the decision taken in the meeting of the
Executive Committee of the VCI on 15.04.2025.
13. In nutshell, case of respondents is that since the State
Government has decided to admit students in the courses concerned
on the basis of NEET-UG merit list, coupled with the fact that
admission to B.V.Sc. & A.H. degree has already been made in one of
the State Universities located in District Kangra on the basis of NEET-
UG merit list, petitioner herein cannot be permitted to conduct
examination.
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
8
14. Veterinary Council of India in its reply has categorically
High Court of H.P.
stated that Regulations are statutory in nature and are mandatory,
which are required to be followed in letter and spirit by all the
Universities and Veterinary Colleges/institutions imparting veterinary
education for the purpose of recognition of their qualifications.
15. Though it has been admitted in the reply that in terms of
Clause 7 of VCI Regulations, 2016, competitive entrance examination
is required to be conducted for admission to the B.V.Sc. & A.H.
course and such test can either be conducted by State or Veterinary
Council or University, but to justify its decision thereby permitting the
State as well as other Veterinary Colleges to admit students in
B.V.Sc. & A.H. course on the basis of NEET-UG merit list, it has been
attempted to state that same has been permitted to achieve uniform
evaluation. It is further stated in the reply filed by the VCI that in the
Information Bulletin of NEET-UG 2026, it has been already mentioned
that NEET-UG 2026 data will also be used for admission to B.V.Sc. &
A.H. course under the 15% quota of VCI in recognized Veterinary
Colleges.
16. Respondent-State has simply stated that on account of
instructions issued by VCI, whereby it has been permitted to admit
students in courses on the basis of NEET-UG merit list, necessity was
not felt to conduct the competitive examination/entrance test.
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
9
17. I have heard the learned counsel for the parties and
High Court of H.P.
carefully gone through the records of the case.
18. Precisely, the grouse of petitioner, as has been
highlighted in grounds of petition and further canvassed by Mr. K.D.
Shreedhar, learned Senior Advocate duly assisted by Ms. Sneh
Bhimta, Advocate, is that VCI could not have issued impugned
communications, thereby permitting the respondent-State and other
Universities having the facility to conduct veterinary courses to admit
students in the course concerned on the basis of NEET-UG merit list.
19. Mr. Shreedhar, learned Senior Advocate, invited attention
of this Court to relevant provisions of MSVE Regulations, 2016 to
state that there is no provision, which permits VCI, State Government
as well as University to admit students in the courses concerned on
the basis of NEET-UG merit list, rather a competitive entrance test is
required to be conducted by the VCI or State or University. He
submitted that till the time Clause 7(1) of Regulations of 2016 is not
amended, no authority, if any vests in VCI, to issue instructions to the
respondent-State as well as other Universities imparting education in
the discipline of Veterinary Sciences to admit students in the courses
concerned on the basis of NEET-UG merit list. He further submitted
that NEET-UG entrance examination is not conducted for admission
to B.V.Sc. & A.H. degree, rather same is conducted for MBBS, BDS,
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
10
BAMS, BUMS, BSMS and BHMS courses. He submitted that even to
High Court of H.P.
include BDS courses, Section 10-D came to be incorporated in the
Dentists Act, 1948, but in the instant case, no amendment has been
carried out either in the Veterinary Council Act, 1984 (for brevity, VCI
Act) or MSVE Regulations, as required under law. He also invited
attention of this Court to Sections 22 and 66 of VCI Act to submit that
procedure for admission can only be changed or modified by
amending the MSVE Regulations, 2016 suitably, following due
procedure under Section 66(3) of VCI Act, 1984. He vehemently
argued that any circular, guidelines or instructions issued by the VCI
in that regard cannot override the provisions of MSVE Regulations
and as such, petitioner-University, which is a creation of Statute,
should be allowed to conduct its competitive entrance examination on
pan-India basis, as was otherwise being done earlier and admit
students in accordance with the merit list prepared on the basis of
such examination.
20. To the contrary, Mr. Balram Sharma, learned Deputy
Solicitor General of India while putting in appearance on behalf of
Union of India and Veterinary Council of India, submitted that VCI is
making its best endeavours to adhere to the guidelines of MSVE
Regulations, 2016, more particularly Regulation 7 thereof, to regulate
admission to B.V.Sc. & A.H. degree courses imparted in different
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
11
Veterinary Colleges in the Country. He submitted that though States
High Court of H.P.
were requested to conduct a competitive entrance examination and
prepare merit list for admission to the aforesaid course in different
Veterinary Colleges, but since same could not materialize, VCI,
keeping in mind the sanctity and transparency of admission to the
aforesaid course in different Veterinary Colleges in the country,
suggested vide impugned communication to the State Government as
well as Universities to admit the students from the qualified merit list
of NEET-UG examination, which is a centralized entrance
examination conducted by a National Testing Agency (NTA), an
expert body in the field. He submitted that there is no illegality in
admitting the students from the merit list of NEET-UG examination
conducted by the NTA. However, he fairly admitted that till date, no
steps have been taken by the VCI with regard to amendment of the
relevant provisions of MSVE Regulations to admit the students from
NEET-UG merit list.
21. In support of his aforesaid contentions, Mr. Balram
placed heavy reliance upon judgment dated 16.10.2025 passed by
High Court of Punjab and Haryana in CWP No. 30901 of 2025, titled
M.R. Rural Education Society v. Union of India and others ,
wherein petitioner-institution challenged the direction requiring it to
admit students on the basis of NEET-UG merit list and the aforesaid
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
12
High Court upheld the direction of VCI to admit students to B.V.Sc. &
High Court of H.P.
A.H. course on the basis of NEET-UG merit list.
22. To the contrary, Mr. K.D. Shreedhar, learned Senior
Advocate representing the petitioner, referred to the interim order
dated 21.08.2026 passed by High Court of Orissa at Cuttack in
W.P.(C) No. 25663 of 2026, titled Siksha 'O' Anusandhan,
Bhubaneswar v. Veterinary Council of India , wherein High Court of
Orissa at Cuttack while distinguishing judgment of High Court of
Punjab and Haryana passed an interim order, thereby ordering that
communications, which are pari materia to impugned communications
herein, shall be kept in abeyance as well as petitioner University
concerned till the next date.
23. Mr. Rajan Kahol, learned Additional Advocate General,
also made submissions on similar lines as have been made by
learned Deputy Solicitor General of India.
24. Before ascertaining the correctness of rival submissions
made on behalf of parties to lis, this Court finds that though there is
no specific denial on behalf of the respondents, especially VCI, that in
terms of relevant provisions, admissions to veterinary courses are
governed by the provisions of MSVE Regulations, 2016. Regulation 7
of the aforesaid Regulations reads as under:
"7. Selection of students - (1) The selection of students for
admission to Bachelor of Veterinary Designation: Senior
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
13
Stenographer Location: High Court of Orissa, Cuttack Date:
High Court of H.P.
22-Aug-2026 15:51:31 Science and Animal Husbandry Degree
Course in Government or Private Colleges shall only be on the
basis of merit through a competitive entrance examination
conducted by University or State Government or Veterinary
Council of India to achieve a uniform evaluation, as there may
be variation among students at qualifying examinations
conducted by different agencies and reservation policy shall
be as per Government of India for Veterinary Council of India
seats and for States as per their reservation policy.
(2) To be eligible for competitive entrance examination, a
candidate shall have to pass any of the qualifying
examinations as enumerated under the head, "Admission to
Bachelor of Veterinary Science and Animal Husbandry Degree
Course" specified under regulation 6.
(3) A candidate under General Category for admission to the
Bachelor of Veterinary Science and Animal Husbandry degree
course shall have to qualify in each of the subjects of English,
Physics, Chemistry and Biology, and obtained 50% marks in
aggregate of these subjects, at the qualifying examination and
admission of students to B.V.Sc. and A.H. degree course shall
be made only on the basis of his or her merit in the
competitive entrance examination and no other merit or
weightage shall be considered for admission to Bachelor of
Veterinary Science and Animal Husbandry degree course.
(4) In respect of candidates belonging to the Scheduled
Castes or the Scheduled Tribes or other special category of
students as specified by the Government from time to time,
marks required for admission shall be 5% less than that
prescribed for general category i.e. 47.5 % and where the
seats reserved for the Scheduled Caste and the Scheduled
Tribes students in any State cannot be filled for want of
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
14
requisite number of candidates fulfilling the minimum
High Court of H.P.
requirement prescribed from that State, then such vacancies
shall be filled up on all India basis with students belonging to
the Scheduled Castes and Scheduled Tribes obtaining not
less than the minimum prescribed pass percentage.
(5) The students who are educated abroad seeking admission
in veterinary colleges in India should have passed the subjects
of Physics, Chemistry, Biology or Biotechnology and English
up to the 12th Standard level with 50% marks in aggregate of
these subjects.
(6) Sponsored candidates shall have to qualify the admission
procedures as laid down for the students under general
category.
(7) Admission of candidates to Bachelor of Veterinary Science
and Animal Husbandry degree course under bilateral
exchange programme shall be regulated by Veterinary Council
of India or on recommendation of Government of India.
(8) 15% of the total number of seats of each recognised
veterinary college which is included in the First Schedule of
the Act shall be reserved and filled on an all India basis
through Common Entrance Examination and seats for the
candidates belonging to Schedule Caste or Schedule Tribes or
Physically handicapped or Other backward classes against
said 15% quota of Veterinary Council of India shall be
reserved to be filled up as per Government of India Policy.
(9) The candidates selected through this examination shall be
admitted in various recognised veterinary colleges as per the
eligibility criteria prescribed in these regulations only and the
last date for reporting of these candidates to the allotted
University or Veterinary Institution shall be 15th September of
that year irrespective of the closing date of admission of that
University or Veterinary Institution for that year, if earlier, the
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
15
vacant seats may be filled by the veterinary college or
High Court of H.P.
university by 30th September which shall be the final cut-off
date for the admission and thereafter no admission shall be
made.
(10) A candidate shall not be allowed admission to Bachelor of
Veterinary Science and Animal Husbandry degree course
including those admitted under 15% reserved quota of
Veterinary Council of India if he or she suffers the following
disabilities, namely:
(a) disability of total body including disability of chest
or spine more than 50%,
(b) disability of lower limb of more than 50%,
(c) disability of upper limb,
(d) visually handicapped candidates and those with
hearing disability,
(e) candidates with progressive diseases like
myopathies etc.
(f) disabilities which otherwise would interfere in the
performance of the duties of a veterinarian.
(11) The disability shall be certified by a duly constituted and
Government authorized Medical Board comprising of at least
three specialists out of which two shall be of the specialty
concerned and the candidate has to present him or her-self
before the Medical Board and the last valid disability certificate
of the candidate from a Medical Board shall not be more than
three months old from the date of submitting his or her
certificate for disabled candidates.
(12) After the final admissions, each Veterinary college shall
submit the details of the students admitted in the first
professional of BVSc and AH programme and similarly the list
of students who pass out shall also be submitted to the
Veterinary Council of India.”
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
16
25. It is ample clear from the aforesaid Regulations that
High Court of H.P.
selection of students for admission to B.V.Sc & A.H. course in
Government or Private Colleges shall only be made on the basis of
merit through a competitive entrance examination conducted by
University, State Government or Veterinary Council of India to
achieve uniform evaluation. It is also not in dispute that the aforesaid
Regulations have not been amended till date. It is also not in dispute
that even in previous academic sessions (2025-26), admissions were
granted to the aforesaid courses on the basis of competitive
examination conducted by the petitioner-University.
26. It is also apt to take note of proceedings of meeting held
on 17.05.2025, where issue with regard to admission to B.V.Sc. &
A.H. degree programme by Veterinary Colleges through a centralized
counselling system came to be discussed. Following observations
were made in such meeting:
“1. VCI Regulations 2016 allows admission to Veterinary
courses on the basis of merit based on the NEET/ Centrally
conducted entrance test conducted by respective states/
entrance exams conducted by the concerned universities. In
absence of any state level entrance exam, all three
universities are conducting their own all India basis entrance
tests admitting students on the basis of merit from that list.
2. As such all three universities comply with VCI Regulations,
2016.
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
17
3. All three universities also admitting students based on
High Court of H.P.
NEET score.
4. As the admission process is already midway, it is not
feasible to introduce any deviation at this stage. Moreover, the
Veterinary Council of India (VCI) has not yet amended its 2016
Regulations in this regard.
5. Hence, it was opined to go ahead with the existing practice
(as per VCI Regulations, 2016) for this academic session
2025-26. Any amendments to the procedure, if made by VCI
or GOI, may be implemented w.e.f. academic year 2026-27."
27. Careful perusal of the aforesaid observations reveals that
issue with regard to admission by Universities on the basis of NEET
score also came to be discussed. However, Council arrived at a
conclusion that it is not feasible to introduce any deviation at this
stage, especially when Veterinary Council of India has not yet
amended its Regulations. In the aforesaid meeting, it was opined that
admission to the courses may be done as per existing practice for
academic session 2025-2026 and any amendments to the procedure,
if made by VCI or Government of India, may be implemented with
effect from academic year 2026-2027.
28. Though it appears from the aforesaid decision taken in
meeting dated 17.05.2025 that necessity was felt to amend the VCI
Regulations with a view to incorporate that admission shall be made
on the basis of merit based on NEET/centrally conducted entrance
test, but no amendment to the procedure as prescribed under
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
18
Regulations of 2016 ever came to be carried out. At this stage, it
High Court of H.P.
would also be apt to take note of Section 22 of VCI Act, which
prescribes minimum standards of veterinary education and reads as
under:
"22 Minimum standards of veterinary education.
(1) The Council may, by regulations, specify the minimum
standards of veterinary education required for granting
recognised veterinary qualifications by veterinary institutions in
those States to which this Act extends.
(2) Copies of the draft regulations and of all subsequent
amendments thereof shall be furnished by the Council to the
State Government concerned and the Council shall, before
submitting such regulations or any amendments thereof, as
the case may be, to the Central Government for approval, take
into consideration the comments of the State Government
received within three months from the furnishing of the copies
as aforesaid.
(3) The Central Government may, before approving such
regulations or any amendments thereof, consult the Indian
Council of Agricultural Research. (4) The Committee
constituted under section 12 shall from time to time report to
the Council on the efficacy of the regulations and may
recommend to the Council such amendments thereof as it
may think fit."
29. In terms of the aforesaid provisions of law, VCI is
empowered to make regulations in consultation with Central
Government. MSVE Regulations, 2016 came to be framed in exercise
of aforesaid provisions of law. Regulation 7 of MSVE Regulations
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
19
makes a provision for selection of students and provides the source
High Court of H.P.
from which students can be held eligible to take admission to the
aforesaid course. Admission of students to the aforesaid course from
NEET-UG merit list is not a recognized source of admission to the
course. Hence, this Court is persuaded to agree with Mr. K.D.
Shreedhar, learned Senior Advocate representing the petitioner, that
without amending the relevant provisions, more particularly
Regulation 7 of MSVE Regulations, 2016, VCI could not have
introduced a distinct procedure of admission to B.V.Sc. & A.H. course
by directing that students be admitted on the basis of NEET-UG merit
list.
30. At this stage, it is apt to take note of Information Bulletin
of NEET-UG 2026, which clearly provides that as per Section 14 of
National Commission for Indian System of Medicine Act, 2020, there
shall be a uniform NEET-UG for admission to undergraduate courses
in each of disciplines, i.e., BAMS, BUMS and BSMS courses of Indian
System of Medicine in all medical institutions governed under this Act.
Relevant information as extracted from the Bulletin is reproduced
herein below:
“Chapter-2 National Eligibility-cum-Entrance Test NEET (UG)-
2026
1. About NEET (UG)
i……
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
20
ii…..
High Court of H.P.
iii. As per Section 14 of the National Medical Commission
Act, 2019, the NEET (UG) has to be conducted as a
common and uniform National Eligibility-cum-Entrance
Test [(NEET (UG)] for admission to undergraduate
medical education in all medical institutions. Similarly, as
per Section 14 of the National Commission for Indian
System of Medicine Act, 2020, there shall be a uniform
NEET (UG) for admission to undergraduate courses in
each of the disciplines i.e. BAMS, BUMS, and BSMS
courses of the Indian System of Medicine in all Medical
Institutions governed under this Act. As per Section 14 of
the National Commission for Homeopathy Act, 2020,
there shall be a uniform NEET (UG) for admission to
undergraduate course, i.e. BHMS course of National
Commission for Homoeopathy governed under this Act.
Similar provisions for admission to the BDS course are
contained under the Dentists Act, 1948 and Regulations
made thereunder.
iv. The Constitutional validity of this Act has been upheld
by the Hon’ble Apex Court vide its Judgement dated 29
April 2020 in the matter of Christian Medical College
Vellore Association vs. UOI & Ors., while disposing of the
transferred Case (Civil) No. 98 of 2021 & connected
Transferred Cases, Writ Petitions & SLP.
v. NEET (UG) has been a qualifying entrance exam
since 2020 for admission to the MBBS courses in AIIMS
and JIPMER (although such Medical Institutions are
governed under separate Statutes), as per the provisions
under Section 14 (1) of the NMC Act (2019).
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
21
vi. A uniform entrance examination shall be conducted
High Court of H.P.
for all medical educational institutions at the
undergraduate level, as provided under Section 10-D of
the Medical Council Act, 1956 (as amended from time to
time). This requirement has been reiterated under the
National Medical Commission Act, 2019, Chapter IV
(Examinations), Clause 14(1), which mandates that there
shall be a uniform National Eligibility-cum-Entrance Test
(NEET) for admission to undergraduate courses in all
medical institutions.
2. NEET (UG) – 2026 AND ROLE OF NTA
i. The NEET (UG) - 2026 is going to be conducted by
NTA as per the Schedule given in the Information at a
Glance for admission to MBBS, BDS, BAMS, BUMS,
BSMS, and BHMS Courses as per the relevant
norms/guidelines/regulations notified by the concerned
Regulatory Bodies of the Indian System of Medicine in all
Medical Institutions governed under this Act.
ii. The official website of the NTA for NEET (UG) - 2026
is https://neet.nta.nic.in/. All the test-related information,
as amended from time to time (if any), will be available
on this website only. Candidates must regularly visit this
website for the latest updates.”
31. Chapter 2 of the aforesaid Bulletin clearly provides for
counselling and reservation for admission to MBBS, BAMS, BUMS,
BSMS, BHMS and BDS courses and there is no specific mention with
regard to counselling, if any, for admission to B.V.Sc. & A.H. course.
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
22
32. If Regulation 7(1) of MSVE Regulations, 2016 is read in
High Court of H.P.
conjunction with Regulation 24-A of University Grants Commission
(Institutions Deemed to be Universities) Regulations, 2023, it clearly
provides that an institution deemed to be a university, can conduct its
own common entrance examination for admission of students to
B.V.Sc. & A.H. degree course in the absence of any entrance
examination being conducted by Government testing agency or State
Government. In the instant case, petitioner-University is not a deemed
university, rather it is a full-fledged University created under statute,
and is competent to conduct competitive entrance test for admission
to the courses under Regulation 7(1) of MSVE Regulations, 2016.
33. Since NEET-UG examination conducted by National
Testing Agency is not the prescribed mode for admission to B.V.Sc. &
A.H. courses, rather same is conducted for admission to MBBS and
BDS courses, petitioner-University is within its right to conduct its own
entrance examination for admitting students to B.V.Sc. & A.H. course
imparted by it.
34. At this stage, it is apt to take note of certain documents
which were received by the petitioner vide communication dated
02.09.2026 under Right to Information Act and same came to be
placed on record during proceedings of the case. After having
received D.O. notes dated 08.05.2026 and 27.07.2026 issued under
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
23
signatures of President, VCI, as well as communication dated
High Court of H.P.
11.05.2026 addressed to Principal Secretary, Animal Husbandry
Department of all States issued under signatures of Assistant
Secretary, matter came to be dealt with administratively in the office
of Secretary of Animal Husbandry Department, who after having
carefully perused statutory provision i.e., Regulation 7(1) of VCI
Regulations as well as communications addressed by the petitioner-
University, thereby seeking permission to conduct competitive
entrance examination, referred the matter to Law Department for its
opinion.
35. Law Department, having taken note of Regulations, vide
opinion dated 02.09.2026 categorically opined that Abhilashi
University, Mandi (petitioner herein) may be permitted to conduct the
entrance examination for selection of candidates for admission to
B.V.Sc. & A.H. degree course, subject to strict compliance with
applicable provisions of Regulations and other relevant statutory
requirements. Relevant extract of the same is reproduced herein
below:
“Note # 4
1. The Core Issue: A direct conflict exists between a recent
executive advisory from the Veterinary Council of India (VCI)
and the established statutory VCI regulations regarding the
admission procedure for the B.V.Sc & A.H. degree course.
2. The Facts:
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
24
VCI Advisory: A DO letter dated 08.05.2026 requests the State
High Court of H.P.
Government to conduct centralized counselling or adopt the
NEET (UG) merit list for all veterinary colleges.
Statutory Provision: Section 7(1) of the VCI Regulations, dated
08.07.2016, explicitly states: "the selection of students for
admission... in Government or Private College shall only be on
the basis of merit through a competitive entrance examination
conducted by University or State Government or Veterinary
Council of India".
University Stance: Abhilashi University is invoking Section 7(1)
of the 2016 Regulations to conduct its own entrance
examination for the 2026-27 academic session, noting the
State is not currently conducting a centralized competitive
exam for this course.
3. The Conflict:
Administrative noting (Note #1) proposes allowing the
University to conduct its own test for 2026-27 as a final
concession. Before executing the Hon'ble Agri. & A.H.
Minister's directive to "Take an appropriate action," we require
absolute legal clarity on the binding nature of the VCI DO letter
versus the gazetted 2016 regulations.
4. The file may therefore be referred to the LR-cum-Pr.
Secretary (Law) for expert opinion on the following specific
queries:
(A) Legal Hierarchy: Does an executive advisory/DO letter
issued by the VCI possess the statutory force to override or
suspend the gazetted provisions of Section 7(1) of the VCI
Regulations, 2016?
(B) Statutory Competence: In the absence of a notified
centralized State examination, is Abhilashi University legally
competent under Section 7(1) of the VCI Regulations, 2016, to
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
25
conduct its own competitive entrance examination for the
High Court of H.P.
2026-27 academic session?
May process accrodingly.”
“Note # 6
The Veterinary Council of India vide letter dated 08.05.2026
requested the State Government to conduct a common
Entrance Examination for admission to BVSc& AH Degree
Course for all the Veterinary Colleges shall be made through
holding a Centralized Counselling which shall be conducted by
the State Government or their authorized representative so
that uniform criteria for admission to BVSc&AH Degree
Course could be maintained across the State and provisions
of MSVE Regulations shall be implemented in letter and spirit.
Alternatively, the State Government may adopt NEET (UG)
qualified merit list for admission to this course by holding the
centralized Counselling.
The Registrar, Abhilashi University has informed that at
present State Government is not conducting any Competitive
Examination or Centralized Counselling for admission to
Bachelor of Veterinary Science and Animal Husbandry Degree
Course in Government and Private Institutions. This University
is also running Bachelor of Veterinary Science and Animal
Husbandry Degree Course and wish to conduct its own
entrance examination for the Academic Session 2026-27 in
accordance with the provisions contained under Section 7 (1)
of Regulations dated 08.07.2016 of Veterinary Council of
India, which reads as under:
"the selection of students for admission to Bachelor of
Veterinary Science and Animal Husbandry Degree
Course in Government or Private College shall only be
on the basis of merit through a competitive entrance
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
26
examination conducted by University or State
High Court of H.P.
Government or Veterinary Council of India".
Abhilashi University requested to allow to conduct their own
Entrance Examination for admission to BVSc&AH Course for
the academic session 2026-27 and in order to ensure uniform
criteria for admission in BVSc&AH course; Abhilashi University
is willing to admit the students on the basis of Competitive
Examination or Centralized Couselling for admission in
Government and Private Institutions for next Academic
Session 2027-28 as per recommendations of Centralized
Counselling Committee comprising the authorized
representatives of both the universities.
In this regard, it is submitted that there are two recognized
Veterinary Colleges (one in Government sector- CSKHPKV
and one in Private Sector- Abhilashi University) in the State
are imparting BVSc&AH Degree Course. The Abhilashi
University conduct its own entrance test. The regulation of
these colleges/universities fall directly under the ambit of
Veterinary Council of India, whose laid rules and regulations
are to be followed by all the colleges and universities for
imparting education to under-graduates and post-graduates.
As per observations made by the Secretary (AH) to the
Government of H.P. vide Note#4 the matter is submitted to the
Law Department for their valuable opinion on the following
points:-
1.Does an executive advisory/DO letter issued by the
Veterinary Council of India process the statutory force to
override or suspend the gazette provisions of Section 7(I) of
the Veterinary Council of India Regulations, 2016?
2.In the absense of a notified centralized State examination, is
Abhilashi University legally competent under Section 7(1) of
the Veterinary Council of India Regulations, 2016, to conduct
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
27
its own competitive entrance examination for the 2026-27
High Court of H.P.
academic session?
Submitted please.
xxxxxxxxxxxxxx
In compliance to Note#12, the matter is submitted in physical
file mode with all relevant record. Therefore, Note#6 is
submitted to the Law Department for their valuable opinion on
the following points:-
1.Does an executive advisory/DO letter issued by the
Veterinary Council of India process the statutory force to
override or suspend the gazette provisions of Section 7 (1) of
the Veterinary Council of India Regulations, 2016?
2.In the absence of a notified centralized State examination, is
Abhilashi University legally competent under Section 7(1) of
the Veterinary Council of India Regulations, 2016, to conduct
its own competitive entrance examination for the 2026-27
academic session?”
“Government of Himachal Pradesh Law Department
N/1 onwards:- Examined in the Law Department. The A.D. has
requested this Department to tender its opinion on the issues
framed at N/14 (ante).
This Department has examined the record made available by
the A.D. The Veterinary Council of India (VCI), in exercise of
the powers conferred under various provisions of the Indian
Veterinary Council Act, 1984 (Central Act No. 52 of 1984),
notified the Veterinary Council of India Minimum Standards of
Veterinary Education (Bachelor of Veterinary Science and
Animal Husbandry Degree Course) Regulations, 2016 vide
Notification dated 8th July, 2016 (hereinafter referred to as
"the Regulations").
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
28
Regulation 7 of the said Regulations, inter alia, provides that
High Court of H.P.
admission to the Bachelor of Veterinary Science and Animal
Husbandry (B.V.Sc. & A.H.) Degree Course in Government or
Private Colleges shall be made strictly on the basis of merit
determined through a competitive entrance examination
conducted by the University, the State Government, or the
Veterinary Council of India.
Subsequently, the President, VCI addressed a D.O. letter
dated 8th June, 2026 to the State Government requesting it to
arrange the conduct of a Common Entrance Examination for
admission to the B.V.Sc. & A.H. Degree Course in the two
Veterinary Colleges functioning in the State.
In this regard, it is stated that the provisions of the Regulations
and the contents of the aforesaid D.O. letter are required to be
construed harmoniously so as to supplement each other.
However, in the event of any inconsistency between the two,
the provisions of the Regulations shall prevail, being statutory
in nature and having been framed in exercise of powers
conferred under the parent enactment.
In the present case, it appears that the VCI has not conducted
any entrance examination. Consequently, in terms of
Regulation 7, the authority to conduct the entrance
examination vested either in the State Government or the
concerned University. The D.O. letter merely reflects the VCI's
request to the State Government to conduct such examination.
However, from the record made available, it appears that
neither has the State Government conducted the Common
Entrance Examination nor has it undertaken any centralized
counselling process.
In such circumstances, the Regulations contemplate that the
concerned University may itself conduct the entrance
examination for admission to the said course. Although the
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
29
D.O. letter refers to two Veterinary Colleges, one in the
High Court of H.P.
Government sector and the other in the private sector, it
appears that the B.V.Sc. & A.H. programme is being
conducted through two separate Universities, namely, CSK
Himachal Pradesh Krishi Vishvavidyalaya, Palampur and
Abhilashi University, Mandi. It is further observed that CSK
Himachal Pradesh Krishi Vishvavidyalaya has already initiated
the admission process by inviting applications from eligible
candidates. In the absence of any entrance examination
conducted either by the VCI or the State Government, and
considering that Regulation 7 does not distinguish between a
Government University and a Private University for the
purpose of conducting the entrance examination, there
appears to be no legal impediment in permitting Abhilashi
University to conduct an entrance examination for admission
to the B.V.Sc. & A.H. Degree Course.
In view of the foregoing discussion, this Department is of the
considered opinion that Abhilashi University, Mandi may be
permitted to conduct the entrance examination for selection of
candidates for admission to the B.V.Sc. & A.H. Degree
Course, subject to strict compliance with the applicable
provisions of the Regulations and any other relevant statutory
requirements.
The A.D. may take a conscious decision in the matter and
proceed further accordingly.”
“Registrar, Abhilashi University vide letter dated 23.05.2026
had requested to grant approval to make admission for the
academic session 2026-27 by way of conducting their own
entrance examination in accordance with the provisions under
Section 7(1) of Regulations dated 08.07.2016 of Veterinary
Council of India.
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
30
The matter was taken up with the Law Department for their
High Court of H.P.
valuable opinion on the point "Does an executive advisory/DO
letter issued by the Veterinary Council of India process the
statutory force to override or suspend the gazette provisions of
Section 7 (1) of the Veterinary Council of India Regulations,
2016?"
The Law Department vide Notes#15-23 have opined that the
provisions of the Regulations shall prevail, being statutory in
nature and having been framed in exercise of powers
conferred under the parent enactment. The Law Department
has further advised that Abhilashi University may be permitted
to conduct the entrance examination for selection of
candidates for admission to the B.V.Sc. & A.H. Degree
Course, subject to strict compliance with the applicable
provisions of the Regulations and any other relevant statutory
requirements.
Keeping in view of position explained above, if approved, we
may grant permission to conduct its own Entrance
Examination to make admission for the adacemic 2026-27 for
B.V.Sc. & A.H. Degree Course in accordance with the
provisions under Section 7(1) of Regulations dated 08.07.2016
of Veterinary Council of India by making clear that such
request will not be entertained for academic session 2027-28
at any cost. University will be bound to make admissions for
next academic session through centralized counselling only.
Accordingly DFA is added please.”
36. Though having taken note of aforesaid opinion rendered
by Department of Law, proposal came to be made in the
administrative department that permission may be granted to
petitioner-University to conduct its own entrance examination to make
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
31
admission in academic session 2026-2027, but for totally unjustified
High Court of H.P.
reasons, with the change of Secretary in the administrative
department, earlier decision was changed and vide order dated
09.07.2026, Secretary, Animal Husbandry to the Government of
Himachal Pradesh approved as under:
“NN1-27:- The Abhilashi University, Mandi, has requested for
permission to hold its own entrance exam for admission to the
B.V.Sc. & A.H. course this year. The admission to this course
is governed by the Indian Veterinary Council Act, 1984, and
the Minimum Standards of Veterinary Education Regulations,
2016. Regulation 7 does allow a University, the State
Government, or the Veterinary Council itself to conduct
admissions. But this provision cannot be read in isolation. The
whole purpose of the Act is to keep veterinary education
standards uniform across the country, not to let each
institution go its own way.
The D.O. letter from Veterinary Council of India dated 8th May,
2026 has been received vide which it has been stated that
"Common entrance examination for admission to BVSc & AH
Degree Course for all the two Veterinary Colleges in your
good State and allocation of students to the Veterinary
Colleges shall be made through holding of Centralized
Counselling which shall be conducted either by the State
Government or their authorized representative so that uniform
criteria for admission to BVSc & AH Degree Course could be
maintained across the State and provisions of MSVE
Regulations shall be implemented letter and spirit.
Alternatively, the State Government may adopt NEET (UG)
Qualified Merit List for admission to the said Course by holding
the centralized Counselling. In case of non-compliance, the
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
32
admission to BVSc & AH Degree course shall be considered
High Court of H.P.
as null and void" .
Out of total seats, 15% are filled through Central quota purely
on NEET (UG) merit and the remaining 85% of State quota
are filled through the system adopted by the State. The CSK
Himachal Pradesh Krishi Vishvadyalaya, Palampur has
already adopted the NEET (UG)-2026 merit for its admissions.
On the legal side, Abhilashi University is bound under Section
37 of its own Act to follow the norms of regulating bodies and
Sections 40 and 42 go further and give the State power to
issue directions to the University that are binding, with room
for stronger action if things aren't complied with.
The courts have also weighed in on this more broadly as in
cases like Veterinary Council of India v. Indian Council of
Agricultural Research, T.M.A. Pai Foundation, and the
Christian Medical College Vellore judgment, the Supreme
Court has consistently supported the idea that professional
admissions can be regulated for the sake of fairness and
standards, and that NEET in particular is a valid and
reasonable way to achieve that purpose.
Therefore, it is proposed that the University's request for a
separate entrance exam should not be accepted, and a
notification may be issued confirming that all admissions in the
State will go through the common NEET (UG)-2026 based
merit list and centralized counselling conducted by the State
Government.
In view of the above, and since the matter pertains to a policy
decision affecting admissions across all veterinary colleges in
the State, approval of Hon'ble Chief Minister, Himachal
Pradesh may be obtained through Hon'ble Minister for Animal
Husbandry.”
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
33
37. If the aforesaid noting is perused in its entirety, though
High Court of H.P.
Regulation 7 has been specifically referred, but it is also observed
that the aforesaid Regulation cannot be read in isolation. It is also
stated in the aforesaid noting that Abhilashi University is bound under
Section 37 of its own Act to follow norms of regulatory bodies and
Sections 40 and 42 go further to give the State power to issue
directions to the University. In nutshell, University's request for
separate entrance test was not accepted.
38. Though it is a fit case, wherein this Court may delve upon
the competence of State of Himachal Pradesh to issue directions to
the University in terms of Sections 37, 40 and 42 of the Act under
which petitioner-University came to be created, but once Regulation 7
of the afore Regulations clearly provides procedure/mode of
admission to courses concerned, coupled with the fact that aforesaid
Regulation has not been amended till date despite there being
decision taken by Council at one point of time, admission to courses
could not have been made on the basis of NEET (UG) merit list.
39. At the cost of repetition, it is once again observed that
NEET-UG merit list is not a recognized source of admission to the
courses in question, rather same is conducted for admission to
MBBS, BDS and allied courses.
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
34
40. True, it is that High Court of Punjab and Haryana in M.R.
High Court of H.P.
Rural Education Society (supra) proceeded to uphold the decision
of VCI, thereby calling upon Veterinary Institute i.e. M.R. College of
Veterinary Science and Research Center, District Jhajjar to admit
students on the basis of NEET examination merit, but the aforesaid
judgment came to be distinguished by High Court of Orissa at Cuttack
while passing interim order dated 21.08.2026 in Siksha 'O'
Anusandhan (supra).
41. Having carefully perused interim order passed by Cuttack
High Court vis-a-vis judgment passed by Punjab and Haryana High
Court, this Court is persuaded to agree with Mr. K.D. Shreedhar,
learned Senior Advocate representing the petitioner, that same is not
applicable in the given facts and circumstances of the case.
Admittedly, M.R. Rural Education Society, which was petitioner before
Punjab and Haryana High Court, is not a University, rather it being a
society had been running its college which was further affiliated to
Lala Lajpat Rai University of Veterinary and Animal Sciences, Hisar,
Haryana, which is also a creation of State Act. The aforesaid M.R.
Rural Education Society is not a University like the petitioner and as
such, High Court of Punjab and Haryana made no mistake by holding
that the aforesaid society cannot conduct competitive entrance
examination under Regulation 7(1) of MSVE Regulations, 2016. In the
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
35
instant case, petitioner is a University created under the statute and it
High Court of H.P.
is fully competent to conduct the competitive entrance examination
under Regulation 7(1).
42. Moreover, it further appears that brochure/information
bulletin of NEET-UG 2026 also escaped the notice of Punjab and
Haryana High Court while passing the judgment. As per the aforesaid
brochure, National Testing Agency conducts examination for
admission to MBBS, BAMS, BUMS, BSMS, BHMS and BDS and
there is no specific reference/mention, if any, with regard to the
course in question.
43. Leaving everything aside, this Court finds that Punjab
and Haryana High Court was not apprised with regard to letter dated
29.11.2024 issued by VCI, wherein it is specifically stated that till the
time an appropriate amendment in MSVE Regulations, 2016 is made,
admission on the basis of NEET (UG) merit cannot be insisted upon.
Though vide aforesaid communication, VCI suggested for appropriate
amendment in Regulations, 2016, but as has been noted
hereinabove, no such amendment ever came to be made. Hence, in
no circumstance, VCI could have directed the University imparting
education in Veterinary Sciences or State of Himachal Pradesh to
admit students on the basis of NEET (UG) merit list.
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
36
44. Another question which needs determination in the case
High Court of H.P.
at hand is “whether administrative instructions/circulars, if any, can
supersede/override statutory rules?”
45. The answer is in the negative. It has been categorically
held by Hon'ble Apex Court as well as various Constitutional Courts in
a catena of cases that administrative instructions cannot override the
statutory rules. It is not in dispute that Regulations of 2016 have been
made by Government of India in terms of Section 66 of VCI Act and
as such, it has the force of law. Reliance in this regard is placed upon
judgment passed by the Hon’ble Apex Court in Tej Prakash Pathak
v. High Court of Rajasthan, (2025) 2 SCC 1. Para 62 of the afore
judgment reads as under:
“62. There can therefore be no doubt that where there are no
rules or the rules are silent on the subject, administrative
instructions may be issued to supplement and fill in the gaps
in the rules. In that event administrative instructions would
govern the field provided they are not ultra vires the provisions
of the rules or the statute or the Constitution. But where the
rules expressly or impliedly cover the field, the recruiting body
would have to abide by the rules.”
46. Reliance is also placed upon judgment passed by the
Hon’ble Apex Court in Union Of India & Anr vs Ashok Kumar
Aggarwal AIRONLINE 2013 SC 479 , relevant paras whereof read as
under:
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
37
“37. A Constitution Bench of this Court while dealing with a
High Court of H.P.
similar issue in respect of executive instructions in Sant Ram
Sharma v. State of Rajasthan & Ors., AIR 1967 SC 1910,
held:
“It is true that the Government cannot amend or supersede
statutory Rules by administrative instruction, but if the Rules
are silent on any particular point, the Government can fill-up
the gap and supplement the rule and issue instructions not
inconsistent with the Rules already framed.”
38. The law laid down above has consistently been followed
and it is a settled proposition of law that an authority cannot
issue orders/office memorandum/ executive instructions in
contravention of the statutory Rules. However, instructions
can be issued only to supplement the statutory rules but not to
supplant it. Such instructions should be subservient to the
statutory provisions. (Vide: Union of India & Ors. v. Majji
Jangammayya & Ors., AIR 1977 SC 757; P.D. Aggarwal &
Ors. v. State of U.P. & Ors., AIR 1987 SC 1676; Paluru
Ramkrishnaiah & Ors. v. Union of India & Anr., AIR 1990 SC
166; C. Rangaswamaiah & Ors. v. Karnataka Lokayukta &
Ors., AIR 1998 SC 2496; and JAC of Airlines Pilots
Association of India & Ors. v. The Director General of Civil
Aviation & Ors., AIR 2011 SC 2220).
39. Similarly, a Constitution Bench of this Court, in Naga
People’s Movement of Human Rights v. Union of India., AIR
1998 SC 431, held that the executive instructions have
binding force provided the same have been issued to fill up
the gap between the statutory provisions and are not
inconsistent with the said provisions.
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
38
40. In Nagaraj Shivarao Karjagi v. Syndicate Bank, Head
High Court of H.P.
Office, Manipal & Anr., AIR 1991 SC 1507, this Court has
explained the scope of circulars issued by the Ministry
observing that it is binding on the officers of the department
particularly the recommendations made by CVC.
41. In State of U.P. & Ors. v. Maharaja Dharmander Prasad
Singh & Ors., AIR 1989 SC 997, this Court held that the order
must be passed by the authority after due application of mind
uninfluenced by and without surrendering to the dictates of an
extraneous body or an authority.”
47. At this stage, Mr. Rajan Kahol, learned Additional
Advocate General, attempted to argue that since admissions to
courses in other Universities, i.e. CSKHPKV, Palampur, have already
been done on the basis of NEET-UG, it may not be appropriate to
permit the petitioner-University to conduct examination, rather such
decision, if any, would jeopardize the interest of the students who
have been admitted in Palampur University on the basis of NEET UG
merit list. However, this Court is not impressed with the aforesaid
submission of Mr. Kahol for the reason that without there being any
amendment in Regulations, 2016, thereby making provision to admit
students on the basis of NEET-UG merit list, no admission could have
been made on the basis of same. However, in the instant
proceedings, while making the aforesaid observation, this Court
makes it clear that it has not commented upon the legality of
admission, if any, given to the students in Palampur University on the
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
39
basis of NEET, rather, same, if required, shall be dealt with in
High Court of H.P.
appropriate proceedings. However, once decision of VCI, thereby
permitting the State as well as Universities imparting education in
Veterinary Sciences to admit students on the basis of NEET UG merit
list, is in complete violation of Regulations, 2016 and, as a result
thereof, interest of a large number of students may be jeopardized,
this Court is persuaded to intervene in the instant proceedings and
proceed to exercise its power under Article 226 of Constitution of
India.
48. At this stage, learned Additional Advocate General and
learned DSGI further submitted before the Court that since as per
schedule, first counselling for courses in question is to be completed
before15.9.2026 and thereafter, further counselling is to be conducted
on 30.9.2026, it may not be in the interest of justice to permit the
petitioner to conduct a competitive entrance examination at this
juncture, however, having taken note of blatant violation of
Regulations, which if not rectified at this stage, may create problems
for large number of students in future, this Court rejects the same.
49. Consequently, in view of detailed discussion as well as
law taken into consideration, this Court finds merit in the present
petition. Impugned communications dated 08.05.2026 and 11.05.2026
issued by respondent No. 3 are quashed and set aside being illegal,
::: Downloaded on - 14/09/2026 19:22:06 :::CIS
40
in as much as they make NEET merit list the basis for admission in
High Court of H.P.
B.V.Sc. & A.H. courses. Furthermore, public notice dated 08.02.2026
is also quashed and set aside in as much as it makes NEET merit list
the basis for admission in the aforesaid courses.
50. Since Veterinary Council and respondent-State have
taken no steps to conduct common entrance examination in terms of
Regulations, petitioner-University is permitted to conduct common
entrance examination within ten days, so that after declaration of
result, counselling and admissions are concluded well before
30.9.2026. The university shall complete the entire process of
conducting Entrance Test followed by first and second rounds of
counselling and mop up round within fourteen days of this judgment,
so as to conclude the entire process of admission to the course well
before 30.9.2026.
51. Petition stands disposed of in the aforesaid terms.
Pending application(s), if any, also stands disposed of.
(Sandeep Sharma),
Judge
September 14, 2026
manjit
::: Downloaded on - 14/09/2026 19:22:06 :::CIS