Facts
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.
Source reference: p. 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.
Source reference: 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.
Source reference: p. 3, 11During the pendency of the writs, the court granted interim orders allowing students to participate in examinations.
Source reference: para. 2Issues
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?
Source reference: p. 3, 112. Whether students admitted for the academic year 2021-2022 under interim protection are entitled to complete their courses and have their results declared?
Source reference: para. 2Law 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.
Source reference: para. 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.
Source reference: para. 2, citations 9-11 of the SC orderReasoning
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.
Source reference: para. 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.
Source reference: para. 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.
Source reference: para. 3-4Holding
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.
It held that students admitted pursuant to interim orders shall be permitted to complete their courses in all respects.
Source reference: para. 3Final orders were passed in consonance with the Supreme Court judgment dated 05.02.2026.
Source reference: para. 2, 4Original Court PDF
Excel Homeopathy Medical College and HospitalvsUnion of India
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