Himachal Pradesh High Court
Education LawAdministrative and Public Law

NEET merit cannot replace statutory entrance-test rules for veterinary admissions, Himachal Pradesh High Court holds

ABHILASHI UNIVERSITY vs UOI AND OTHERS

Himachal Pradesh High CourtJUDGMENT: September 14, 20263 MIN READSOURCE JUDGMENT
NEET merit cannot replace statutory entrance-test rules for veterinary admissions, Himachal Pradesh High Court holds. ABHILASHI UNIVERSITY vs UOI AND OTHERS. Himachal Pradesh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Abhilashi University, a private State University established under the Abhilashi University (Establishment and Regulation) Act, 2014, obtained the requisite Essentiality Certificate, No-Objection Certificate, Letter of Permission and renewal permission to conduct the B.V.Sc. & A.H. course with an intake of 80 students.

Source reference: paras. 2–6

For the academic session 2026–27, neither the State Government nor the VCI conducted a competitive entrance examination.

Source reference: paras. 7–10

The University therefore sought permission to conduct its own examination, AUPVET, as it had done in earlier years, and issued an admission notice inviting applications.

Source reference: paras. 7–10

Subsequently, the VCI issued communications dated 8 May 2026 and 11 May 2026 directing the State Government and veterinary institutions to conduct centralized counselling and, alternatively, to use the qualified NEET-UG merit list for admissions.

Source reference: paras. 9, 11–16
02

Issues

Whether the VCI could, by executive communications or directions, introduce NEET-UG merit as the basis for admission to the B.V.Sc. & A.H. course without amending Regulation 7 of the MSVE Regulations, 2016?

Source reference: paras. 18–19, 24–29

Whether, in the absence of a competitive entrance examination conducted by the VCI or the State Government, Abhilashi University was competent under Regulation 7(1) to conduct its own entrance examination?

Source reference: paras. 25, 32–33, 41

Whether administrative instructions could override or supplant statutory regulations governing admissions?

Source reference: paras. 43–46
03

Law Applied

The Court applied Section 22 of the Indian Veterinary Council Act, 1984, under which the VCI may prescribe minimum standards of veterinary education through regulations, and Section 66 concerning the framing and amendment of such regulations.

Source reference: para. 28

Regulation 7(1) of the MSVE Regulations mandates that admission to B.V.Sc. & A.H. courses in government or private colleges shall be based on merit in a competitive entrance examination conducted by the University, State Government or VCI; Regulation 7(3) prohibits consideration of any other merit or weightage.

Source reference: para. 24

The Court further relied on Regulation 24-A of the UGC (Institutions Deemed to be Universities) Regulations, 2023, and held that the statutory framework permitted a competent University to conduct its own entrance examination where no government or VCI examination was conducted.

Source reference: para. 32

Applying Tej Prakash Pathak v. High Court of Rajasthan, (2025) 2 SCC 1, and Union of India v. Ashok Kumar Aggarwal, AIRONLINE 2013 SC 479, the Court reiterated that administrative instructions may supplement statutory rules where the rules are silent, but cannot override, amend or contradict them.

Source reference: paras. 45–46
04

Reasoning

Regulation 7 expressly covered the field of admission and identified the permissible authorities competent to conduct the competitive examination.

Source reference: paras. 25, 28–29

Since the regulation had not been amended, NEET-UG merit was not a recognised statutory source of admission to the B.V.Sc. & A.H. course.

Source reference: paras. 25, 28–29

The NEET-UG 2026 Information Bulletin specifically referred to admissions to MBBS, BDS, BAMS, BUMS, BSMS and BHMS courses, but did not prescribe NEET-UG as the admission route for B.V.Sc. & A.H. courses.

Source reference: paras. 30–31, 39, 42

The VCI’s communications could not therefore create a new admission mechanism or displace the express language of Regulation 7.

Source reference: no citation

The Court distinguished M.R. Rural Education Society v. Union of India, decided by the Punjab and Haryana High Court, because that case concerned a society running an affiliated veterinary college, whereas Abhilashi University was itself a statutory University competent to conduct an entrance examination under Regulation 7(1).

Source reference: paras. 40–41

As neither the VCI nor the State Government had conducted the required examination, the University was entitled to conduct its own competitive entrance test, subject to compliance with the MSVE Regulations and other applicable legal requirements.

Source reference: paras. 32–33, 43
05

Holding

The Court held that the VCI’s communications dated 8 May 2026 and 11 May 2026 were illegal insofar as they made NEET-UG merit the basis for admission to the B.V.Sc. & A.H. course.

Those communications, along with the public notice dated 8 February 2026 to the same extent, were quashed and set aside.

Source reference: para. 49

Abhilashi University was permitted to conduct a competitive entrance examination for the 2026–27 academic session.

Source reference: para. 50

It was directed to complete the examination, result declaration, first and second rounds of counselling, and mop-up counselling within fourteen days, and in any event before 30 September 2026.

Source reference: para. 50

The writ petition was accordingly disposed of.

Source reference: para. 51
06

Acts & Sections Cited

6 provisions across 4 statutes referred to in this judgment. Each provision opens on LawLens.

Indian Veterinary Council Act, 19843

National Medical Commission Act, 20191

National Commission for Indian System of Medicine Act, 20201

National Commission for Homoeopathy Act, 2020.1

Himachal Pradesh High Court

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ABHILASHI UNIVERSITYvsUOI AND OTHERS

Himachal Pradesh High Court · September 14, 2026

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