ASHU KHARE Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) IN this writ petition, the petitioner has challenged the communication dated 12-11-2003 issued by the 2nd respondent-University (Annexure-D) and a direction to the 2nd respondent-University to approve the admission of the petitioner to the I year mbbs course for the academic year 2003-04.

(2.) ACCORDING to the petitioner who is a native of Madhya Pradesh, he has passed higher-Secondary Certificate Pariksha (10+2)conducted by the Madhya Pradesh Rajya open School, Bhopal in July 2003 with English, Maths, Physics, Chemistry and Biology and the said course is conducted by the madhya Pradesh Rajya Open School, Bhopal and that the examination conducted by the said open School grants eligibility for admission to MBBS course as the said examination is equivalent to 10+2 examination. According to the petitioner, he was admitted to the said course in Government Higher Secondary school at Kushmi District, Sidhi, Madhya pradesh and completed his course in July 2003. He relies upon a Circular issued by the madhya Pradesh Government which states that the High School and Higher Secondary school Exams, of the Madhya Pradesh State open School from 1997 are recognized equivalent to High School and Higher Secondary Exams, conducted by M. P. Secondary Education Board. On the strength of the said equivalence, the petitioner got himself admitted to M. B. B. S. Course provisionally in the 3rd respondent-college in the academic year 2003-04. It appears that the college sought for eligibility certificate of the students and the University, by letter dated 12-11-2003 (Annexure-D), declined to issue eligibility certificate to the petitioner, which has been impugned in this writ petition. Thereafter, the college had issued a Circular dated 16-2-2004 prohibiting the petitioner from attending the classes. Consequently, the petitioner's father requested the 2nd respondent-University to permit the petitioner to attend the classes pending consideration of the issue by the Government as per Annexure-E. According to the petitioner, the University did not consider the eligibility of the petitioner and, therefore, he has filed this writ petition.

(3.) I have heard the learned counsel for the petitioner and the learned counsel for the respondents.