The Allahabad High Court
has quashed the UP government's decision to admit students to AYUSH
undergraduate courses in different colleges of the state
through a merit list prepared on the basis of NEET
exam for admissions
to medical courses.
The Lucknow bench of the court yesterday directed the state
government to conduct a Common Entrance Test for admissions
courses and further directed it to complete the admission process by September 30, 2017.
Ayurveda, yoga, naturopathy, unani, siddha and homoeopathy are part of Ayush
A bench of justice D K Upadhyay passed the order on a writ petition
moved by Amit Kumar and others.
The petitioners had challenged the state
government's order issued on July 7, providing that for academic session 2017-18, the students for AYUSH
course would be taken on the basis of the merit list of the National
Eligibility Cum Entrance Test (NEET).
It was argued that the application for NEET
was invited on January 31, 2017 which did not mention the said condition that AYUSH admissions
would be taken by NEET
merit list but all of a sudden, government issued another order on July 7, which came as a surprise for AYUSH
Besides it, the central government's order of April 26, 2107 mandated AYUSH admissions
list from academic session 2018-19 whereas it provided that if not possible for session 2017-18, the state
government may take admission through a common entrance test.
Considering the circumstances, the bench said, "The State
Government has chosen to make admission to these courses on the basis of NEET
which has taken many students desirous of taking admission to AYUSH
undergraduate courses by surprise.
"It has also resulted in denial of fundamental right of their participation in entrance test for the reason that many students might not have made their applications pursuant to the advertisement issued for NEET
for the reason that it was never ever made known to them that admission to AYUSH
under graduate courses shall be made through NEET
even for the academic session 2017-2018," the court said.
The court had asked the state
counsel to obtain detailed instruction on the issue on Tuesday. After considering reply of the state
government, the court set aside the state
government's order of July 10, 2017.
The court further was of the view that prior to inviting applications for NEET, aspirants were not informed that the selection for admission for AYUSH
courses would be made through NEET
"Prima facie, the decision of the state
government appears to be not founded on any reasonable ground or rationale", observed the bench.