‘Matter Of Life & Death’: Delhi High Court Dismisses Challenge To Minimum Percentile Criteria For NEET-PG Admissions
Case: Dr. Abhinav Kumar & Ors. V. Union Of India, Through Secretary, Ministry Of Health And Family Welfare & Anr.
Coram: Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad
Case No.: W.P.(C) 4852/2020
Court Observation: “…this Court emphasizes that the lowering of the standards of medical education has the potential of wreaking havoc on society at large due to the risk that practice of medicine entails; it involves in its ambit the matter of life and death, and therefore, it would be unconscionable for this Court to interfere in the standards duly and diligently set by the governing authority,”
“When the rule is directly inconsistent with mandatory provisions of the statute, it is an easy task for the Court. However, when inconsistency is not with reference to a specific provision, but rather object and scheme of parent Act, then the Court is required to proceed with caution while discerning if the said provision is unconstitutional,”
“This Court is, therefore, of the opinion that as the Petitioners have failed to discharge the burden upon them to successfully attack the validity of the impugned Regulations, the interference of the Court is not warranted in the instant case,”
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