Supreme Court Allows AYUSH Students To Retain Degrees Though They Didn't Take Admission Through NEET-UG

The Supreme Court recently allowed certain students of under-graduate AYUSH courses to retain their degrees although their admissions were not taken through the NEET-UG exam.

A bench of Justices Sudhanshu Dhulia and K Vinod Chandran passed the order, observing that withholding the students' result, after they had completed their course, would cause immense hardship to them.

"It is true that admission to candidates who had not appeared in NEET examination could not have been given by the College, yet as of now these students have completed their course and to withhold the exam results or their Degree will cause immense hardship to them" it said.

Briefly put, the petitioners were students of under-graduate AYUSH courses who got admission to the said courses without appearing in the NEET UG-2019 exam. As per their submissions, the petitioners did not have notice of the fact that they were required to appear in the NEET exam for seeking admission to the said courses.

Initially, a Single Bench of the Calcutta High Court allowed admission to the students on the ground that there wasn't proper publication of the applicability of NEET exam for admission to AYUSH courses. However, on Union of India's challenge to the said order, a Division Bench of the High Court set aside the Single Bench's orders.

The Division Bench observed that a notice was published in the newspapers in 2018 requiring candidates to qualify NEET for admission into AYUSH UG-courses. Further, there were other candidates who appeared in NEET-UG 2019 and then took admission in the AYUSH courses. As such, the Division Bench rejected the petitioners' contention regarding inadequate publication of NEET requirement.

Challenging the Division Bench order, the petitioners approached the Supreme Court. Refusing to withhold their results/degree, the top Court vacated an earlier interim order which was to the effect - "the petitioners shall be permitted to take 1st semester examination. The results shall not be announced till further orders".

Case Title: EBTESHAM KHATOON VERSUS UNION OF INDIA & ORS., SLP(C) No(s). 6658/2021 (and connected case)

Citation : 2025 LiveLaw (SC) 219

Click here to read the order