AYUSH institutes can admit students outside sponsorship of Selection Committee: Madras HC

Chennai: Bringing major relief to the AYUSH medical colleges in Tamil Nadu, the Madras High Court bench has recently clarified that these institutes are well within their rights to admit students who have cleared National Eligibility-cum-Entrance Test (NEET) in the vacant seats outside the sponsorship of the Selection Committee.

Such an observation came from the HC bench comprising of Justice G R Swaminathan as it took note of the fact that seats not sponsored and filled up by the Selection Committee, might get wasted otherwise.

Therefore, the bench directed the concerned authorities for permitting students who had been admitted in that manner to appear for the BAMS examinations.

The HC bench was considering petitions moved by 13 Ayurveda and Homeopathy Medical Colleges which had admitted students on their own without counselling in the vacant and unfilled seats. Approaching the court, the colleges prayed for direction upon the Selection Committee and other concerned authorities to allow the candidature and admission of the concerned students and let them appear in the examination. 

However, the Selection Committee clarified that the college managements could not have admitted students on their own de hors the sponsorship by the Selection Committee. This ultimately led the colleges to file the petitions before the High Court.

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Taking note of the submissions of the parties, the bench referred to the vacant seats and noted that in all the cases on hand, there was a short fall in the sponsorship of the candidates by the Selection Committee. This arose either because the Selection Committee did not sponsor for the entire intake or some of the sponsored candidates did not join, resulting in vacancies. Such a situation arose either after the second round of counselling or after the mop-up counselling.

After perusing the materials, the bench observed, "From the materials enclosed in the typed set of papers, I am satisfied that the college managements had duly intimated the Selection Committee about the resulting position. Since the seats would go waste and unfilled, the respective college managements admitted candidates on their own."

However, the Government pleader appearing for the Selection Committee relied on the decision in the case of Venkateshwaraa Medical College Hospital Vs. Medical Council of India and submitted that the admissions can be made only through the process of counselling and that the college managements could not have admitted students and filled up the vacant seats on their own.

Therefore, the HC bench took note of several other judgments of the Supreme Court including Dar-Us-Slam Educational Trust vs. Medical Council of India and Christian Medical College Vellore Association Vs. Medical Council of India and noted, "Supreme Court had clarified that the restriction laid down in Dar-Us-Slam Educational Trust case would apply only for admission to UG courses and it would not apply even to PG courses. Here we are concerned with admission to courses imparting Indian Medicine and Homeopathy. Therefore, on this ground, I hold that the decision made in Venkateshwaraa case (cited supra) will not have any application."

Holding that issue concerned is no longer res integra, the bench referred to the top court judgment in the case of Index Medical College, Hospital and Research Centre Vs. State of Madhya Pradesh and Others.

Therefore, the HC bench noted, "Respectfully applying the aforesaid ratio, I hold that the writ petitioners-College Managements were well within their rights to fill up the vacant seats in the respective courses," and consequently quashed the impugned order of the Selection Committee.

The bench also took note of the fact that in some cases even though the students had been allowed to appear for the examinations, their results were not published. At this outset, the bench ruled, "the respondents are directed to publish the withheld results forthwith and without any delay."

Providing further relief to the concerned students, the bench mentioned, "It is informed by all the learned counsel that the forthcoming examinations are scheduled to be held from 19.05.2022 onwards. The students who are the subject matter of these writ petitions will be allowed to sit for the said examinations and the Hall Tickets will also be issued without any delay."

To read the court order, click on the link below.

https://medicaldialogues.in/pdf_upload/madras-hc-176655.pdf

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