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Court directed the Ministry to take the decision in consultation with the Central Council of Indian Medicine in terms of the proviso to Regulation 8(iii) of the Notification dated December 7, 2018, issued by the Council
The Allahabad High Court earlier this week directed the Ministry of Ayush to take a decision with regard to lowering the percentile criteria for the category of PwD (Physically handicapped) candidates in the NEET (PG)-2023 Examination.
Court directed the Ministry to do so by September 29, 2023, in consultation with the Central Council of Indian Medicine in terms of the proviso to Regulation 8(iii) of the Notification dated December 7, 2018, issued by the Council.
The bench of Justice Pankaj Bhatia passed the order in a plea moved by a NEET (PG)- 2023 candidate namely Waliullah who, despite securing first rank in the PwD category, was unable to get admission in view of the high percentile decided in PwD category.
The single judge bench clarified that if the Ministry decides to lower the percentile criteria, then the benefit of the decision, if any, shall be ensured to all the students.
Before the court, the counsel for the petitioner argued that in terms of the proviso to Regulation 8(iii) of the Notification dated 07.12.2018 issued by the Central Council of Indian Medicine, the Central Government is empowered to, in consultation with the Council, at its discretion, lower the minimum marks required for admission with an intent to fulfill the seats and to ensure that no seats go vacant.
The petitioner's counsel contended court that in the past similar decision was taken by the Government of India in respect of the Examination of AIA-PGET, 2019.
He further submitted that the petitioner had already made a representation before the authorities in this regard.
To this, the counsel for the respondent authorities apprised the court that he had received an instruction from the Chief Secretary of the Ayush Ministry that the representation of the petitioner shall be considered in consultation with the National Commissioner for the Indian System of Medical.
Taking note of the same, court disposed of the petition while directing the Ministry to take a decision within ten days of the order.
Case Title: Waliullah v. Union Of India Thru. Chief Secy. Ministry Of Ayush New Delhi And 3 Others
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