- (1.)The issue in these appeals is as to the interpretation of the regulations framed by the Medical Council of India (MCI) relating to the admission and selection of students to the medical courses, as adopted by the state of Madhya Pradesh in The Pre-Medical Test- 2000 Rules'
(2.)The issue has arisen in connection with the refusal to grant admission to the respondent no. 1 despite his having successfully taken the common entrance examination and despite his securing a place in the waiting list. The reason given by the appellants for refusing to grant admission to the respondent no. 1 has been put forth as the respondent's ineligibility to have sat for the common entrance examination in the first place. According to the appellants the regulations of the MCI as well as the rules of the state - provide that merely taking the common entrance examination successfully was insufficient to ensure admission. It was a further requirement that the candidate should have qualified academically by having obtained 50% in his higher secondary examination or equivalent in the subjects of physics, chemistry, biology and mathematics. Admittedly, the respondent no. 1 had not obtained 50% in his higher secondary examination.
(3.)The relevant regulations of the MCI are regulation 4 and 5. Regulation - 4 prescribes the eligibility condition for admission to the medical courses. Amongst the eligibility criteria is the requirement "that he/she has passed qualifying examination as under". The five separate "qualifying examinations" have been indicated in sub-clause (a) of clause-2 of regulation-4. We are concerned with the first qualifying examination so indicated, it is set out in sub-clause (a) as follows: (a) the higher secondary examination or the Indian school certificate examination which is equivalent to 10+2 Higher secondary examination after a period of 12 years study, the last two years of study comprising of physics, chemistry, biology 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 for Educational research and Training after the introduction of the 10+2+3 years educational structure as recommended by the national committee on education; note: where the course content is not as prescribed for 10+2 education structure of the national committee, the candidates will have to undergo a period of one year pre-professional training before admission to the medical colleges:"