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2025 DIGILAW 1996 (RAJ)

Rahulsingh Babuji Chauhan S/o Babuji Chauhan v. Union Of India, Through Its Secretary, Ministry Of Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy (Ayush), B Block, Gpo Complex, Ina Colony, New Delhi

2025-12-11

SUNIL BENIWAL

body2025
ORDER : SUNIL BENIWAL, J. 1. Since the above titled writ petitions filed by the petitioners – students, involve common issues based on similar facts, therefore, they are being decided by this common order. However, for brevity, the facts, as narrated in SBCWP No.9531/2025 are taken into consideration. 2. The facts in brief are that the petitioners are the students, who have taken admission in the respondent No.3 – University for undertaking Bachelor of Homeopathic Medicine and Surgery (‘BHMS’) course and were given admission without appearing in NEET (UG)-2019 examination. The precise grievance raised by the petitioners is that despite completing their BHMS course as per Regulation 5 of the National Commission for Homeopathy (Homeopathy Graduate Degree Course – Bachelor of Homeopathy Medicine and Surgery (BHMS) Regulations, 2022 (‘the Regulations, 2022’) for duration of 4.5 years of study and one year of compulsory rotatory internship, the petitioners are not being allowed to get registration in the State councils, which is causing great hardship and serious prejudice to their career. 2.1 In the present writ petitions, it has further been alleged that Regulation 4 of the Regulations, 2022 provides eligibility criteria for license to practice. For ready reference Regulation 4 of the Regulations, 2022 is reproduced as under :- “4. Eligibility for License to Practice. - Any person possessing medical qualification in Homeopathy recognized by the Homeopathy Education Board or recognized under the Second or Third schedule to the erstwhile Homeopathy Central Council Act, 1973 (59 of 1973) shall be eligible to obtain license to practice Homeopathy from the concerned State Medical Council for Homeopathy, where he resides;” Based on the above facts, the present writ petitions have been filed with the prayer that the respondents may be directed to include petitioners and register them in the respective State Councils. 3. Learned counsel for the petitioners submitted that the students in these writ petitions were given admission in academic year 2018-19 and at the relevant point of time, there were no statutory regulations, which mandated the NEET eligibility as a criteria for giving admission in the BHMS course. 3. Learned counsel for the petitioners submitted that the students in these writ petitions were given admission in academic year 2018-19 and at the relevant point of time, there were no statutory regulations, which mandated the NEET eligibility as a criteria for giving admission in the BHMS course. 3.1 It is further stated that the Government of India, by an administrative order, has issued communication dated 12.02.2018 vide which it was mandated NEET eligibility as a pre-requisite qualification for granting admission in BHMS course and the same was challenged by some of the institutes in a bunch of writ petitions, led by SBCWP No.16431/2019 (Mangilal Nirban Homeopathic Medical College & Ors. Vs. State of Rajasthan &Ors.), decided on 27.11.2025. 3.2 It is also submitted that without amending regulations, such condition could not have been imposed and therefore, the students, who have been given admissions on the basis of an interim order and have successfully completed their courses including internship are required to be registered in the respective State Councils so that they can work as medical practitioner. 4. Per contra, learned counsel Mr. Sunil Joshi appearing on behalf of the National Commission for Homeopathy (‘NCH’) submitted that unless the issue is decided in the pending writ petitions as to whether the students, who were given admissions in the academic year 2018-19 without clearing NEET examination, could be at all entitled to validate their degree and unless the said issue is decided, the case of the petitioners cannot be considered for the purpose of registering them in the State Council. 4.1 While making submissions on merit, it is contended by learned counsel appearing on behalf of the NCH that NCH is a regulatory body and NEET qualification has been mandated so as to maintain the standards of the education in medical courses and the present petitioners have taken admissions without clearing the eligibility criteria of clearing the NEET examination and therefore, no relief as sought in the present writ petitions can be granted. 5. Heard learned counsel for the parties and perused the material available on record. 6. It is to be noted that the present bunch of cases were heard on 07.11.2025 along with another bunch of cases with the leading case being SBCWP No.16431/2019 (Mangilal Nirban Homeopathic Medical College & Ors. Vs. State of Rajasthan & Ors.). 5. Heard learned counsel for the parties and perused the material available on record. 6. It is to be noted that the present bunch of cases were heard on 07.11.2025 along with another bunch of cases with the leading case being SBCWP No.16431/2019 (Mangilal Nirban Homeopathic Medical College & Ors. Vs. State of Rajasthan & Ors.). The arguments were heard at length on the issue raised in the present bunch of petitions and since all the issues have been appropriately dealt with in the bunch of cases came to be decided on 27.11.2025, this Court does not deem it appropriate to reiterate those submissions while deciding the present bunch of cases. 7. This Court while deciding the bunch of petitions, led by SBCWP No.16431/2019 (Mangilal Nirban Homeopathic Medical College & Ors. Vs. State of Rajasthan & Ors.), has already held that the students, who were given admissions in the BHMS course in the academic session 2018-19 without clearing NEET examination are required to be treated at par with the other students, who have completed their BHMS course. It has further been held that the Government of India cannot introduce an eligibility criteria without amending the relevant regulations. 7.1 In view of the pronouncement made by this Court while deciding the said bunch of petitions, the present writ petitions are also required to be adjudicated in light of the finding given in the said judgment. The petitioners are undisputedly the students, who were given admissions in BHMS course in the academic year 2018-19. There is also no dispute to the fact that regulations came to be amended and were made applicable for the academic year 2019-2020 and that being so, the present writ petitions are required to be adjudicated considering the observation made by this Court while deciding the said bunch of petitions, therefore, this Court does not deem it appropriate to delve deep into the merits of the present writ petitions as the same has already been decided in the case of Mangilal Nirban Homeopathic Medical College (supra). 8. As an upshot of the above discussion, these writ petitions are allowed. The respondents are directed to register the names of the petitioners in the register so also to issue necessary licence / certificate of their registration by the respective State councils, if they are otherwise eligible. 9. Pending application(s), if any, stand(s) disposed of.