Decided on May 31,2007

UOI Respondents


SANJIV KHANNA, J. - (1.) Learned Single Judge while dismissing the writ petition filed by the appellant by the impugned judgment dated 29th September, 2006 has aptly pointed out the paradox faced by the Court while deciding the matter by describing the appellant as 'Eklavya' of Mahabharat, who was equal in skill and prowess if not even better than legendary 'Arjuna'. On "merits" of the appellant there cannot be any doubt but the question raised is that of eligibility and whether the appellant meets the minimum eligibility criteria fixed for admission to MBBS course.
(2.) The appellant had appeared in common All-India Pre-Medical/Dental Entrance Examination held in the year 2006 and secured ranking of 1600 in the merit list of 2400 selected candidates under the 15% quota. The appellant would have been entitled to admission in a medical college on the basis of ranking secured. The appellant, who was otherwise eligible on merit for admission to a medical college, has been denied admission on account of eligibility criteria prescribed by the Medical Council of India. The said eligibility criteria was also specified in the bulletin issued by Central Board of Secondary Education in 2006, the relevant extract of which reads as under:- "(iii) Qualifications and Qualifying examination Codes: CODE : 01 The Higher/Senior Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher/ Senior Secondary Examination after a period of 12 years study, the last two years of such study comprising Physics, Chemistry, Biology (which shall include practical tests in these subjects) and Mathematics or any other elective subject with English at a level not less than the core course for English as prescribed by the National Council of Educational Research and Training after introduction of the 10+2+3 educational structure as recommended by the National Committee on Education." CODE : 02 XXXXX CODE : 03 XXXXX CODE : 04 XXXXX CODE : 05 XXXXX CODE : 06 Any other examination which in scope and standard is found to be equivalent to the Intermediate Science Examination of an Indian University/Board, taking Physics, Chemistry and Biology including practical tests in each of these subjects and English. Provided that to be eligible for competitive entrance examination, candidate must have passed any of the qualifying examinations as enumerated above. Provided also that to be eligible for competitive entrance examination the candidate must have passed in the subjects of Physics, Chemistry, Biology and English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry and Biology at the qualifying examination. In respect of the candidates belonging to Scheduled Castes, Scheduled Tribes or Other Backward Classes the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination be 40% instead of 50% for General Candidates. Provided further that the students of Indian nationality educated abroad seeking admission into medical colleges in India must have passed in the subjects of Physics, Chemistry Biology and English upto the 12th Standard level with 50% marks and their equivalency determined as per regulations of the Medical Council of India and the concerned University. If a candidate does not fall within the qualifications prescribed as per Code number 01-06 he/she should furnish complete details to determine eligibility."
(3.) The appellant has not challenged and questioned the legality and vires of the Regulations or the eligibility criteria prescribed in Code 1 on the ground of discrimination, Article 14 etc. The appellant claims that he is eligible and is entitled to admission as he fulfills the eligibility criteria prescribed in Code 6. The case of Medical Council of India and the Union of India is that Code 1 applies to the case of the appellant and he does not meet the prescribed eligibility criteria fixed under the said Code. We may again reiterate that we are not examining whether Code 1 and the eligibility criteria fixed therein is bad or ultra vires, but the limited controversy before us is whether Code 1 or Code 6 will apply. In case Code 1 applies, the appellant is not entitled to admission as will be clear from the said facts stated below and in case Code 6 applies, the appellant will be entitled to admission.;

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