Case Note & Summary
The petitioners, thirteen students who appeared for the National Eligibility cum Entrance Test (NEET) for admission to the Bachelor of Ayurvedic Medicine and Surgery (BAMS) course for the academic year 2021-22, missed the cutoff marks by a narrow margin ranging from 0.5 to 2 marks. They filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, seeking relaxation of the eligibility criteria due to the extraordinary circumstances caused by the COVID-19 pandemic. The petitioners argued that the pandemic disrupted their preparation and examination process, and that the cutoff was unusually high. The respondents, including the Union of India and the Maharashtra State, opposed the petition, contending that the cutoff was fixed as per rules and no relaxation could be granted. The court, after considering the submissions, noted that the petitioners had secured marks very close to the cutoff and that the pandemic had created unprecedented difficulties. The court held that in the interest of justice and to avoid irreparable loss to the students, the respondents should grant admission to the petitioners in the BAMS course for the academic year 2021-22. The court directed the respondents to create supernumerary seats if necessary and to complete the admission process within two weeks. The judgment emphasized that this relaxation was granted only due to the extraordinary circumstances of the pandemic and should not be treated as a precedent.
Headnote
A) Constitutional Law - Extraordinary Jurisdiction - Article 226 of Constitution of India - Admission to Medical Course - Petitioners, students who appeared for NEET 2021-22, missed cutoff by 0.5 to 2 marks due to COVID-19 pandemic disruptions - Court held that extraordinary circumstances warrant relaxation of eligibility criteria to prevent injustice - Directed respondents to grant admission to petitioners in BAMS course for academic year 2021-22 (Paras 1-20).
Issue of Consideration
Whether students who missed the NEET cutoff by a narrow margin due to COVID-19 pandemic circumstances should be granted admission to BAMS course under extraordinary powers of the High Court.
Final Decision
The court allowed the writ petition and directed the respondents to grant admission to the petitioners in the BAMS course for the academic year 2021-22, creating supernumerary seats if necessary, within two weeks.
Law Points
- Extraordinary circumstances
- COVID-19 pandemic
- relaxation of eligibility criteria
- Article 226
- NEET
- BAMS
- admission
