Alok Sharma, J. - (1.) Another petition relating to admission to MBBS 2018 and urgent for reason of the admission deadline being 31.08.2018, has come up for orders by this court.
(2.) The petitioner wrote the National Eligibility Cum Entrance Test (NEET) 2018 examination and qualified therein securing All India Rank 12355, OBC rank 4517, and State Rank of 2160. However as he had not passed the senior secondary examination with two years regular and continuous study in the subject of Biology/Biotechnology in terms of Regulation 4(2)(a) of the Graduate Medical Education Regulations, 1997 (hereinafter 'the Regulation of 1997'), but as an additional subject in the subsequent year he was not despite having registered for counseling, allotted a college.
(3.) Regulation 4(2)(a) of the Regulations of 1997 was challenged before the Delhi High Court in the case of Tanishq Gangwar & Others Versus Union of India & Others WP (C) 6773/2018 wherein the Delhi High Court found it to be arbitrary and discriminatory entailing it being struck off. It is not in dispute that the aforesaid judgment of the Delhi High Court has not been stayed or set aside by the Apex Court. The impact of the striking off Regulation 4(2)(a) of the Regulations of 1997, would be well delineated with reference to the judgment of the Madras High Court in the case of D.T. Rajkumari Versus The Government of Tamil Nadu, decided on 03.08.2016 wherein it was held as under:- "It is trite to say that once a High Court has struck down the provisions of the Central Act, it cannot be said that it would be selectively applied in other States. Thus, there is no question of applicability of provisions struck down by the High Court as of now until and unless the Hon'ble Supreme Court upsets the judgment or stays the operation of the judgment.";