BENGALURU: In a blow to private homeopathic medical colleges, the High Court has upheld the constitutional validity of various provisions of the National Commission for Homeopathy Act-2020, including Section 14, which provides for a Uniform National Eligibility cum Entrance Test (NEET) for admission to NEET) determines. undergraduate courses.

Dismissing a petition filed by the Karnataka State Homoeopathic Medical College Management Association, a Division Bench headed by Justice Alok Aradhe observed that Section 14 of the Act itself provides for admission to BHMS course through NEET.

“In the present case, by invoking Section 14, the right of the petitioners to admit students has only been regulated and does not violate the rights under the Constitution or any other Act. Therefore, the principle of non-regression is not applicable to the facts of the case,” the bench said.

The bench also dismissed the challenge to Sections 3, 4, 10, 12, 43, 44 and 55(2)(m) of the Act and declared the National Commission for Homeopathy (Degree Course in Homeopathy – BHMS) Regulations-2022 as constitutional. declared valid from ,

mandate canceled

The bench clarified that the guidelines made by the Ministry of AYUSH on October 18, 2022 and the rules made by the National Commission for Homeopathy on December 6, 2022 do not apply to admission to BHMS UG course, which has already started on July 19, 2022 . ,

The Government Order dated December 13, 2022 promulgating the 2022 Rules regarding admission to UG Courses for 2022-23 stands cancelled. “The petitioners should be allowed to admit students for 2022-23 on the remaining seats on the basis of eligibility,” the bench said.

‘Not an all India character’

The petitioners had argued that the institutions imparting education in homeopathy courses are not of all India character and there is no high demand on availability, leaving scope for malpractices. Hence, the need for evaluation of inter-se-merit (through NEET) for granting admission does not arise, he argued.

According to them, it is arbitrary to compare the study of homeopathy with allopathic medicine and dentistry and to enforce the stringency of the provision for granting admission to such courses.

Senior advocate Arun Shyam, appearing for the National Commission for Homeopathy, submitted that the Act and Rules have been enacted to provide access to quality and affordable medical education, and that there is no violation of fundamental rights of the petitioners or constitutional provision.