01Facts
The petitioners, various homeopathy medical colleges, challenged notifications issued by the National Commission for Homeopathy (formerly CCH) dated 14.12.2018 and 19.06.2019.
pp. 2-3These notifications mandated the National Eligibility cum Entrance Test (NEET) as an essential eligibility criterion for admission to the Bachelor of Homeopathic Medicine and Surgery (BHMS) degree course.
p. 3The petitioners sought to fill vacancies for the 2021-2022 academic year with students who had not necessarily qualified via NEET, arguing the mandate was ultra vires.
p. 3, 11During the pendency of the writs, the court granted interim orders allowing students to participate in examinations.
¶ 202Issues
i.1. Whether the mandate of NEET as an essential eligibility criterion for BHMS admissions via Regulation 3 of the Homeopathy (Degree Course) Amendment is illegal, arbitrary, or contrary to Section 20(2) of the Homeopathy Central Council Act, 1973?
p. 3, 11ii.2. Whether students admitted for the academic year 2021-2022 under interim protection are entitled to complete their courses and have their results declared?
¶ 203Law Applied
The Court primarily applied the legal principles established by the Hon’ble Supreme Court of India in National Commission for Homeopathy v. [Various Respondents] (S.L.P. No. 4799 of 2022), dated 05.02.2026.
¶ 2This precedent established that students admitted to BHMS courses in the 2021-2022 academic year pursuant to interim orders of High Courts are entitled to complete their courses and, upon completion, are entitled to registration with the respective State Councils.
¶ 2, citations 9-11 of the SC orderProvisions in the judgment · 1
Homoeopathy Central Council Act, 1973 Section 20
04Reasoning
The High Court observed that the grievance regarding the validity of the NEET mandate for the specific 2021-2022 batch was effectively resolved by the Supreme Court’s decision in S.L.P. No. 4799 of 2022.
¶ 2The Court found that the students in the petitioner institutions were similarly situated to those protected by the Supreme Court, having been admitted during the 2021-2022 batch under the aegis of interim judicial orders.
¶ 3Consequently, the Court reasoned that the interim relief granted on 12.06.2026—which opened examination portals and allowed students to write exams—must be formalized to permit the evaluation of scripts and declaration of results to ensure students can complete their education as per the Apex Court's directions.
¶ 3-405Holding
The Court disposed of the writ petitions by directing the respondents to evaluate the answer scripts and declare the results of the students admitted for the 2021-2022 academic year.
¶ 3It held that students admitted pursuant to interim orders shall be permitted to complete their courses in all respects.
¶ 3Final orders were passed in consonance with the Supreme Court judgment dated 05.02.2026.
¶ 2, 4Original Court PDF
Excel Homeopathy Medical College and HospitalvsUnion of India
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