V.K.JAIN,J. - (1.)PURSUANT to the permission granted to it by the Medical Council of India (MCI), the respondent Jamia Hamdard (Hamdard University) invited online applications for admissions to its MBBS Programme, under general category as well as in management quota. The petitioner/appellant Shariq Rehman applied on 27.06.2012, for admission to the aforesaid programme, in management quota as well as in general category. The petitioner/appellant appeared in the entrance examination conducted by the said university and his name appeared in the fifth selection list, under the management quota. On 11th August, 2012 the appellant appeared for counseling and the original certificates along with demand draft of Rs.15 lacs for admission in the management quota were 13th deposited by him on September, 2012. However, the petitioner/appellant was not permitted to attend the classes apparently on the ground that he was not eligible for being considered for admission on the date of application form was filled up by him. This is also the case of the respondent that the petitioner/appellant had submitted a false declaration in the application form, which would disentitle him from admission to the said course. According to the respondent, the minimum marks required for admission to the aforesaid course were 50%, the appellant had failed in Chemistry in the first attempt, but while submitting the application form he concealed this fact and claimed that the result of the qualifying examination was awaited. This is also the case of the respondent that even after re-evaluation, the petitioner/appellant having secured less than 50% marks, he is not entitled for admission to the aforesaid course. The case of the petitioner/appellant in this regard is that he belongs to OBC category and the minimum marks required for admission in the said category being 40%, he was eligible for admission to the MBBS course.
(2.)THE learned Single Judge who heard the writ petition, declined to grant any interim relief to him observing that having secured only 26% marks in Chemistry the petitioner was ineligible for admission. He further observed that the petitioner/appellant had made a false declaration in the application form when he claimed that his result was still awaited.
Lpa 740/2012 was filed by the appellant challenging the order dated 15th October, 2012 whereby the learned Single Judge had declined to grant any interim relief to him. During the pendency of the writ petition, some of the successful candidates in the management quota were impleaded as respondents No.4 to 13 in the writ petition. Vide order dated 8th November, 2012, we directed that the writ petition be also listed along with Lpa 740/2012. With the consent of the parties, we heard arguments in the main petition on 28 th January, 2013.

(3.)IN its counter-affidavit filed in the writ petition, respondent no.3, MCI has stated that as per its regulations, the minimum marks required in the qualifying examination are 50% for the general category candidates, 45% for physically disabled candidates and 40% for SC/ST/OBC candidates. This is the case of the MCI that the admission has to be made strictly on the basis of merit and there can be no deviation from the regulations made in this regard. It is also stated in the reply filed by the MCI that all admissions in medical colleges have to be made strictly in accordance with time schedule prescribed by the MCI and the admissions, in violation of the regulations framed by the said Council are not permissible. It is also stated that Graduate Medical Education Regulation, require 75% attendance from each student of MBBS course before he/she appears in the examination, the deadline for admission in MBBS course had been fixed as 30th September and it is not possible to complete the syllabus even by holding extra classes considering rigorous teaching and training schedule of MBBS course.