Rakesh Tiwari, J. - (1.) On 17th May, 2017 we passed the following order with regard to the controversy of this case: Being aggrieved by and dissatisfied with the judgment and order dated 3rd October, 2016 passed in WP 9212(W) of 2016, the appellant has preferred this appeal on the ground that the learned Trial Judge should have held that compulsory first language paper stands at par with compulsory second language paper, i.e. English, when both the papers are compulsory language papers.
(2.) The part of the order, which is under challenge, reads thus: "The eligibility criteria presently obtaining for the selection process is as follows: (i) No candidate shall be admitted to BHMS Degree Course unless he has passed (a) the Higher Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher Secondary Examination after a period of twelve years' study, the last two years of study comprising of Physics, Chemistry, Biology with Mathematics or any other elective subjects with English at a level not less than core course of English as prescribed by the National Council of Educational Research and Training after the introduction of the 10+2+3 years educational structure as recommended by the National Committee on Education; or (b) the intermediate examination in science of an Indian University or Board or other recognized examining body with Physics, Chemistry and Biology which shall include a practical test in these subjects and also English as a compulsory subject; or (c) the pre-professional or pre-medical examination with Physics, Chemistry and Biology, after passing either the higher secondary school examination or the pre-university or an equivalent Examination, which shall include a practical test in Physics, Chemistry and Biology and also English as a compulsory subject; or (d) the first year of the three years' degree course of a recognized University with Physics, Chemistry and Biology including a practical test in these subjects provided the examination is a University Examination and candidate has passed 10+2 with English at a level not less than a core course; or (e) any other examination which, in scope and standard is found to be equivalent to the intermediate science examination of an Indian University or Board, taking Physics, Chemistry and Biology Science examination of an Indian University or Board, taking Physics, Chemistry and Biology including practical test in each of these subjects and English as a compulsory subject. (ii) No candidate shall be admitted to BHMS Degree Course unless he has attained the age of 17 years on or before 31st December of the year of his admission to the first year of the course. (iii) No candidate shall be admitted to BHMS Degree Course if he is blind (including colour blindness), deaf, dumb, deaf & dumb. Eligibility criteria noted in the order dated May 9, 2016 is not the correct eligibility criteria has underwent change. The eligibility criteria presently obtaining is as set out in the order. Regulation 4(I)(b) contemplates English as a compulsory subject. The petitioner has taken English as a second language. Although the second language is also a compulsory subject, it cannot be equated with that of a first language paper. When the regulation has prescribed English as a compulsory subject, it means English as a compulsory first subject and not otherwise. Viewed from such perspective, the petitioner does not have requisite eligibility qualification to participate in the course."
(3.) After hearing learned Counsel for the parties, prima facie it appears that the observation of the Court in the impugned order, "when the regulation has prescribed English as a compulsory subject, it means English as compulsory first subject and not otherwise" is incorrect. Since the appellant/petitioner has passed Higher Secondary Examination with English as compulsory subject and under the rules and regulations as prescribed English is compulsory subject, the observation of the learned Judge is against the provisions.";