Council of India Vs. Silas Nelson & Ors  INSC
298 (14 May 1993)
S. (J) Mohan, S. (J) Venkatachalliah, M.N.(Cj) Thommen, T.K. (J)
1994 AIR 777 1993 SCR (3) 787 1993 SCC (3) 184 JT 1993 (3) 455 1993 SCALE
Medical Council Act, 1956-Ss. 12, 14-Migration Rules- Regulation V(e)-Migration
of Medical student of unrecognised college in Dar-es-Salam to recognised
medical college in India-Equivalence of the courses in the two colleges-Held,
Medical Council the main authority to decide on these questions-Course of
study, and not individual cases, relevant for grant of permission for
migration-On facts, held, migration rightly refused.
1989, respondent 1 and his sister applied for migration from Mumbili Medical College in the Faculty of Medicine,
affiliated to the University of Dar-es-Salam to a recognised medical college in
India. The Medical Council of India
turned down this application.A writ petition was filed in the Court at Jabalpur. The High Court directed that the
appellant and other authorities consider the case of the petitioners.
Thereafter the Executive Committee of the Medical Council reconsidered the case
on 20th August, 1991.
found that the grounds for migration were not sufficient; that it was. the
course of stud already undergone vis-a-vis that being taught in the medical
college in which migration was sought, and not the facts of individual case,
which was relevant. Also the candidate had not furnished enough materials to
make the comparison. The Council therefore rejected the application.
review petition and contempt petition filed in the High Court were dismissed.
in a miscellaneous petition filed on the same grounds seeking admission in the
second year or the 1 year professional MBBS Course at Medical College, Jabalpur the High Court directed that the
petitioners be given provisional admission. The petitioners however, did not
produce the required documents and the college did not provisionally admit
them. In an interlocutory application, the High Court permitted one of the
petitioners to withdraw herself from the petition and directed that the other
petitioner 788 (respondent I before this Court) he granted provisional
admission on his filing necessary forms and depositing the fees without
insisting ton the Production of any other certificate or testimonials or
syllabus (of Dar-es-Sala in University On fear of contempt, the Dean had to
comply with this order.
application before it, this Court stayed the interim order and requested the
High Court to dispose of the main petition expeditiously.
High Court allowed the %Tit petition and quashed the resolution dated 20th August, 1991. refusing migration, holding that
there was no application of mind by the Council.
appeal before this Court, it was contended that the High Court erred in
directing admission of respondent in a recognised medical college from an unrecognised
medical college by way of migration-, that Regulation V had been misread and
that not having under-gone study in a recognised medical college nor having
passed the first professional examination, he could not be admitted to the
he had failed in anatomy and had not sat for his supplementary examination and
had therefore ceased to be a student of Dar-es-Salam University and that the
first year course at Dar-es-Salam University and in India were not equivalent.
Equivalence in any case, it was urged, is to be decided by an expert body and
is not in the domain of the Court.
1, it was argued that the self-contradictory stand of the Council on
equivalence had led to the High Court deciding the issue; that equity was in
his favour; that he had in any event passed his pre-medical test in 1991; and
that he belongs to a scheduled tribe.
the appeal, this Court,
Medical Council has come to the correct conclusion that there cannot he
migration from unrecognised institution to a recognised medical college.
(799-G) Dar-es-Salam University has not been recognised as provided in the Indian Medical
Council Act, 1956.(7%-A)
High Court does not have the necessary expertise to determine equivalent. The
Medical Council is the main authority in this respect. (799-C) 789
is material for grant of permission for migration is the course of study which
a student has undergone vis-a- vis the courses being taught in the medical
college in which the migration is sought, and not the individual case. (799- D)
The material placed before the Council was not sufficient to decide
concerned authority is to verify the disputed factual position concerning his
performance in the 1991 pre- Medical test and decide on considering him for
admission for the academic year 1993-94. (800-E-G)
APPELLATE JURISDICTION: Civil Appeal No. 2221 of 1993.
the Judgment and Order dated.5.5. 1993 of the Madhya' Pradesh High Court in
M.P. No. 4420 of 1991.
N. Salve and L.R. Singh for the Appellant.
A.K. Sanghi, S.V. Deshpande and S. K. Agnihotri for the Respondents.
Judgment of the Court was delivered by Mohan, J, Leave granted in SLP filed by
Indian Medical Council, Jabalpur.
these appeals are dealt with under a common judgment since they arise out of
the same judgment passed in Misc. Petition No.4420 of 1991 by the Madhya
Pradesh High Court, Jabalpur Bench.
,father of respondent1 was serving in Madhya Pradesh State Public Health in the
Department of Surgery in the Medical College at Jabalpur. His wife, Dr. (Mrs.) Shobha Nelson was also working as a
Lecturer in the Department of Obstetrics and Gynecology in Medical College in a purely temporary capacity.
applied for foreign assignment.He was selected for the same. Therefore. a
request was made by the Government of India (Department of Personnel and
Administrative Reforms) vide its letter dated 2nd of January. 1975 790
requesting the State Government to spare the services of Dr . S.K. Nelson for
foreign assignment with Zanzibar Government. The Under Secretary to the
Government of Madhya Pradesh, Department of Public Health and Family Planning
replied on 15.4.1975 that it was not possible for the State Government to spare
his services. However, Dr. Nelson proceeded on two months' vacation with effect
from 1.5.75.He wrote a letter to the Dean of Medical College Jabalpur that he
was proceeding, on long leave owing, to unavoidable family circumstances. Even
after the expiry of the period of leave he did not rejoin the post. His request
for further extension of leave was rejected. Notwithstanding the same Dr.
Nelson and his wife proceeded to Tanzania and the first respondent, Silas Nelson, also accompanied them.
also requires to be mentioned in passing that a request was made to the
Government of madhya Pradesh to spare the services of Dr. Shobha Nelson. It was
pointed out by tile State Government that she being ;A temporary servant she
had no lien and she will have to resign the State service before joining her
duties in Zanzibar. She also absented unauthorisedly
and proceeded to Tanzania along with her husband. The first
respondent claimed to have passed G.C.E.
level as well as 'A' level examinations from the University of London conducted by the Education Council
of the Government at Dar-es-Salam in Tanzania. He also claimed that he had obtained credits in 'A' level in three
subjects i.e. Biology, Physics and Chemistry and 'O' level in six subjects i.e.
Biology, Chemistry, English language. English Literature, Mathematics and
Physics. On this basis he claimed that he was entitled to admission in any Medical College in India. According to him these
examinations are considered to be equivalent qualifying examinations and pre-
requisite for admission to any Medical College. It was also stated that Rani Durgawati
University of Jabalpur had given an equivalence certificate. He obtained
admission in Muhmbili Medical College in the Faculty of Medicine. which
is affiliated to the University of Dar-es-Salam, in the year 1989. lie had completed one year at the same
college and University. Thereafter he was pursuing his study in the second
year. Having regard to the fact that he had studied the subjects in Anatomy,
Physiology, Biochemistry, Preventive and Social Medicine including, Behavioural
Science and Biostatistics, Medical Psychology and Developmental Studies and
Medical Surgery, he had undergone a wider course. Therefore, according to him,
he possesses the eligibility criteria for admission to the MBBS Degree Course
request was made by the father of the first respondent to nominate the first
respondent to MBBS Course directly under Central Government quota. This request
related not only to the first respondent but also his sister. However, the
Central Government advised Dr. Nelson to approach the Medical Council oflndia
791 and the concerned University in jabalpur seeking their concurrence to the migration of his two children from the
University of Dar-es-Salam. Tanzania to Medical College in jabalpur.
On 20th December, 1989, Dr. nelson approached the
appellant, Medical Council of India (hereinafter referred to as the Council)
for grant of no objection to the transfer.
request was turned down on 12.1.90 as migration was not permissible under the
Rules. The position was further made clear by the letter of the appellant dated
by this the first respondent and his sister Kumari Divya Nelson filed Writ
Petition Misc. Petition No. 2535 of 1990 before the Madhya pradesh high Court
at Jabalpur. The prayer was for a writ of mandamus to direct the respondents to
grant admission to them to the 2nd year of MBBS Degree Course at Medical College jabalpur. It was contended that the Council
had not authority to object or refuse the issue of no objection certificate
since its primary function is to prescribe minimum standards of medical
education. It is the University alone which should be concerned about the
High Court by its judgment dated 12.7.91 allowed the writ petition. It directed
the appellant and other authorities to consider the case of respondent 1 and
his sister within a period of two months for their admission in the Medical
College, jabalpur in the light of clause 'E' of the mandatory recommendations
approved under Section 33 of the Indian Medical Council Act, 1956. It was also
held that though the Council had considered the case of the candidates yet it
had not looked into the individual merits regarding their eligibility for
transfer to Medical College,jabalpur which affiliated to Rani Durgawati Vishwa
vidyalaya, jabalpur. Besides teh impugned letter of the
council does not show any application of mind as it is not speaking order.
complete with the above directions the Executive Committee of the appellant
(Council) reconsidered the case on 20.8.91. The question was whether the
migration of the respondent on individual merit to Medical College. jabalpur under clause v 'e' of the Migration
Rules was permissible.
concluded that the migration could not be allowed since the ground were not
sufficient for such migration. It was also of the view that the facts stated
for considering the individual case on merits were not relevant. What is
important to be considered is the course of study the student had already
undergone vis-a-vis the course being taught in the Medical College in Which the migration is sought. The candidate had not
also finished enough materials to make comparison with 792 the course of study
conducted in medical College at jabalpur. For these reasons the request for migration was rejected. The same was
reiterated by a letter dated 4.1.92.
this, a review petition was filed to recall the order dated 12.7.91 of the High
Court. However the review petition was dismissed by the High Court. An
application for contempt was also dismissed. There upon Misc, Petition No. 4420
of 1991 came to be filed seeking admission in the 2nd year or the 1st
professional M.B.B.S. Course at Medical College, Jabalpur on the same grounds
as were alleged previously.
was issued on 23.12.1991 to give provisional admission. After admission of the
writ petition the same order was continued. Though an application was preferred
by the respondents 2 to 4 to have the order vacated on the ground that
migration from an unrecognized Medical College to a recognised Medical College
was not permissible, the same was dismissed.
interesting development took place during this stage.
candidates did not produce the required document.
provisional admission was not granted to them by the respondents 2 to 4. That
led to the filing of Interlocutory Application No. 2805 of 1992 for further
direction. Respondents 2 to 4 also filed an application for direction on
26.3.92 inter alia pointing out that before grant of provisional admission, the
writ petitioners were required to submit proof of their having passed 1st year
course at Tanzania. In the absence of such proof the admission was impossible.
Further in which year of the MBBS course the first respondent was to be admitted,
was not free from difficulty. it was averred that even without passing the
first year from the university of Dar-es-Salam the claim is made for admission
to the second year. This is nothing but fraud the High Court strangely
permitted the writ petitioner. Kumari Divya Nelson to withdraw herself from the
petition and it directed respondent 1 alone could prosecute his studies.
authorities were directed to grant provisional admission his filing necessary
forms and depositing admission fees without insisting on the production of any
other certificate or testimonials or syllabus of Dar-es- Salam University.
non-compliance with this direction a contempt application was taken but by the
first respondent. On peril of contempt the Dean (Respondent 4) had not other
option but to comply with the order of provisional admission.
this order directing provisional admission without insisting on the production
of any other documents SLP (C) No. 10498 of 1992 was preferred.Leave was
granted on 7.9.92 by this court staying the operation of the order dated
18.5.92 of the High Court. This Court directed that the interim order well
subsist 793 till the disposal of the writ petition before the High Court and
requested the High Court to dispose of the writ petition of the respondent I
impugned judgment dated 5th March, 1993 the writ petition was allowed The
resolution dated 20th August, 1991 refusing to accede to the request of the
writ petitioner respondent (1) for migration was quashed holding that there was
no application of mind by the Council. lt is under these circumstances these
appeals by special leave to appeal have come to be preferred.
N. Salve, learned counsel for the appellant would submit the following grounds
attacking the impugned judgment:
court erred in directing admission to respondent I in recognised medical
college in India from an unrecognized college by way of migration/ transfer. WI
the more so. when such impermissibility has been recognised by this Court in
Medical Council of India, New Delhi v. Rajendra S. Sankpal and Ors. etc. (C. A
Nos. 3-4 of 1991 dated 21.10.92) and order dated 6.12.1990 of this Court passed
in Medical Council of India v. Ms. Sunita Anant Chavan & Ors. (I.A..Nos.
2-7 in Transfer Petition (Civil) Nos. 230-235 of 1989).
High Court misread Regulation V. Under that Regulation migration is allowed
from a recognised medical college to another recognised college and that too
within three moths after passing of the first professional examination. In so
far as the first respondent has neither undergone study in a medical college recognised
by the Council nor has he passed the first professional examination, he could
not he admitted to the second year.
first respondent failed in the subject of Anatomy which is one of the papers
taught in the first year at Dar-es- Salam University. Under the Examination
Regulation of the said University he was required to sit in the supplementary
examination in the failed subject before the beginning of the next academic
year. Thus he was required to clear the said paper within six weeks. Should he
fails in the supplementary examination he ceases to be a student of the
College/University. In so far as the first respondent did not take the
supplementary examination he ceased to be a student of Dar-es-Salam University.
Therefore, the question of migration could not arise at all.
first yen course of Dar-es-SalamlJniversitv is not equivalent to the first
phase of MBBS Examination in India.
Equivalence has to be decided by only an expert body, that too, on technical
and academic matters. It is not in the domain of assessment or evaluation by
the Court. The High Court should not have embarked on the determination of
equivalence on the basis of sketchy materials placed before it.
High Court erred in relying on. Minakshi Malik, v. University of Delhi, AIR 1989 SC 1568. There, the candidate was not, in any
matter, ineligible while here, the first respondent is ineligible. The High
Court erred overlooking that an administrative authority like the appellant is
not required to pass reasoned orders. The decree awarded by Dar-es-Salam University is not recognised and :Is not included under any of the
Schedules of the Medical Council of India Act, 1956. Therefore, there was no
occasion for the appellant to decide the equivalence. Should the first
respondent be anxious he should have placed all the materials.
opposition to this, learned counsel for the respondents, argues that the
Council has taken a self-contradictory stand. In one breath, it will contend
that there are no materials to decide the equivalence and in the other breath
it would say it is not equivalence.
these circumstances, in view of the cryptic order passed, the High Court itself
decided finding that the Council had not applied its mind. The High Court was
satisfied on the basis of documents there is equivalence.
High Court is well entitled to do so. More so, having regard to the ruling of Minakshi
Malik's case (supra) Equity also must weigh in favour of the first respondent.
In any event, the first respondent had passed his pre-Medical test successfully
in the year 199 1. He also belong s to scheduled tribe. Therefore, on the basis
of these two documents his candidature could be considered for admission to first
year MBBS Course for the ensuing academic year of 1993-94 as otherwise, the
career of a young man would be completely ruined.
factual position with regard to study of the first respondent in Dar-es-Salam University requires to be carefully analysed. The claim of the first
respondent is that he has passed G.C.E. 'O' level as well as 'A' level
examinations from the University of London conducted by the Education Council
of the Government at Dar-es-Salam in Tanzania. He claims to have obtained credits
in 'A' level in the following three subjects (i) Biology, (ii) Physics; and 795
(iii) Chemistry In `O' level he claim.,; to have obtained credits in the
following six subjects
this basis, he claims admission to any Medical College in India as these are considered to be equivalent qualifying
examinations and prerequisite for admission to any Medical College. It is claimed on behalf first respondent at Rani Durgawati
University of Jabalpur has given an equivalence certificate. That is extracted
below "With reference to your above cited letter, it is to inform you that
students have passed in five subjects at least at the G.C.E. (Ordinary Level)
and two subjects at the (Advanced Level) from University of London, are treated
as having successfully completed the 12 year Pre-University/Higher Secondary in
if your son Shri Silas Supragya Nelson has passed above examination then he may
appear in Pre Medical test examination as desired by you." According to
first respondent, he was admitted in Muhmbili Medical College in the Faculty of Medicine which is affiliated to the
University of Dar-es-Salam in the year 1989 and has completed one year at the
same College and University. In the First year he had studied subjects in
Anatomy, Physiology Biochemistry, Preventive and Social Medicine which includes
Behavioural Science and Bio- statistics, Medical. Psychology and Development
Studies & Medical Surgery whereas at Rani
Durgawati University, the subjects taught in the first year are Anatomy,
Physiology, and Biochemistry. Thus the courses followed at Dar-es-Salam University are much wider. It was further claimed that his course in
the said Medical College is equivalent to first year course of MBBS Degree awarded
by Rani Durgawati University, Jabalpur and, therefore, he possesses the eligibility criteria for
admission to the MBBS Degree Course at Jabalpur.
the said basis migration is sought. Dar-es-Salam University is not recognised by the Medical
Council of India. Therefore, front all unrecognised institution admission is
sought to a recognised institution.
the object of maintaining and regulating, standards of medical education in the
country, the Parliament enacted "the Indian Medical Council Act,
1956". Under Section 6 of the Act. the Medical Council of' India has been
incorporated, which is a body corporate having a perpetual succession and a
common seal Section 12 of the Act makes provisions for recognition of medical
qualifications granted by medical institutions in countries with which there is
a scheme of reciprocity. Under this section, the schedules are given providing
list of recognised medical institutions & qualifications. The first
schedule gives list of recognised medical qualifications granted by
universities/medical institutions in India; whereas schedule second gives the list of recognised medical
qualifications granted by medical institutions outside India. University of Dar-es-Salam & its medical institution is
not included in the second schedule and therefore the qualifications imparted
by that institution are not recognised. That apart, section 14 of the Act makes
provisions for recognition of medical qualifications (granted by countries in
which there is not scheme of reciprocity. The Central Government has not
considered Dar-es-Salam University for such recognition.
in this context the following order came to be passed by the appellant
"The Director, Medical Education, Madhya Pradesh, Bhopal Subject:-
Migration of Silas Nelson and Divya Nelson from Dar-es-Salam Medical College,
Tanzania to Medical Collage, Jabalpur.
With reference to your letter No. 6151/DME/IV dated 12.5.1990 I am to state
that the matter regarding, Migration of Silas Nelson and Divya Nelson from Dar-es-Salam
Medical College, Tanzania to Medical College,Jabalpur was duly placed before
the Executive Committee of this Council at its meeting held on 20th August,
1991 for consideration.
Committed decided as under:
The Executive Committee considered the matter with regard to the migration of
the above candidates on individual merit to Medical College Jabalpur under
Clause V(e) of the migration rules and did not allow these migration since the
grounds are not sufficient for migration and the facts stated in the individual
cases are not very relevant for grant of permission for migration. For
considering any such cause of migration, it is important to consider the cause
of study the student has already undergone vis-a-vis the course being taught in
the Medical Colleges in which the migration is sought. Further it is observed
that the candidates seeking their migration have also brought no records to
show the course of study being conducted at their medical college for making
comparison with the study being conducted in Medical College, Jabalpur. Hence the applications for migration of the above
candidates are rejected.
faithfully, (Mrs. M. Sachdeva) Off. Secretary." Concerning migration the
rule also is to the effect that the same can be allowed by the University
concerned within three months after the passing of the first professional
the question of equivalence arises. The equivalence came to be decided in the
dated 28.12.1991 of Dy. Registrar (General) R.D. University, Jabalpur.
letter of ku.Divya Nelson and 2/ Silas Nelson to the University.
gone through prospectus of University of Dar-es-Salam (1990-90) For M.D. degree
which is equivalent to M.B.B.S. of Universities abroad (as per letter No.
H/Q/G.N/17862 dated 2nd May, 1990 of Director of Training and Occupational
Health Service, attached in the file).
examination at the end of first year in Dar-es-Salam University the subjects
are:-- 798 Anatomy/Histology - Behavioural Sciences Only one Biochemistry -
Development studies Where in Indian Universities the First MBBS Course which is
of 18 months the subjects examined are (As premedical Council of India) Anatomy
Physiology - one and half, Biochemistry - Year study As the detailed syllabus
of the 5 subjects taught in one year at Dar-es-Salam University is not given in
the Prospectus, it is difficult to know whether the course is equal as only
three subjects are taught in Indian University for one and half years
indicating that these subjects are taught in more detail here in our
University. However, in general the subjects taught there in first year
included Anatomy, Physiology and Biochemistry (along with other two subjects)
which are also the subjects of first M.B.B.S. (one and half years course) here
also. For mote clarification, the Medical Council of India may be consulted
because they are the main authority in India in this respect. Dean, Faculty of
Medicine of our University was also consulted in this matter/ sd/- Protessor
& Head. Dept. of Biochemistry Medical College & Chairman Board of
Studies for Anatomy, Physiology & Biochemistry.
may be put up before the standing for confirmation." We cannot understand
when this was the position with reference to equivalence how the High Court had
donned the role of an expert body and would say as follows "The petitioner
has filed documents showing that Dr. R.K. Gupta, Reader in Pharmacology of the
Medical College, Jabalpur was sent on deputation for teaching in the medical
college affiliated to Dar-es-Salam University. The petitioner, by filing the
documents, wants to show that persons having requisite qualifications for teaching
in the Medical College, Jabalpur were posted or appointed at the medical
college affiliated to Dar-es-Salam University. The documents filed by the
petitioner show that the subjects taught in the first year M.B.B.S. at Muhibili
Medical 799 College, Dar-es-Salam University and the subjects taught at the
Medical College, Jabalpur are the same. to us the material consideration is the
qualifications necessary for admission to the first year M.B.B.S. course. The
documents on record show that the educational qualifications for admission to
the Medical College, Jabalpur and the Muhbili Medical College of Dar-es-Salam
University are the same and there is equivalence of courses.
there is equivalence of courses required for admission to the first year
M.B.B.S. courses in Muhibili Medical College and the Medical College, Jabalpur,
the petitioner is entitled to be transferred to the first year M.B.B.S. course
of the Medical College, Jabalpur and should be permitted to appear in the
examination conducted by the Rani Durgawati University, Jabalpur." This is
totally unwarranted because the High Court does not have the necessary
expertise in this regard. As to the equivalence we have already extracted the
opinion of the Chairman of Board of Studies for Anatomy, Physiology and
Biochemistry. From the above extract it is clearly seen that the Council is the
main authority in this respect.
again, the High Court had gone wrong in concluding that the individual cases
are relevant for the grant of permission for migration. In our considered view,
as rightly concluded by the Council, what is material is the course of study
which a student has undergone vis-a-vis the courses being taught in the Medical
College in which the migration is sought. What the Council was endeavouring to
point out was the materials placed before it by the present first respondent
were not sufficient to decide the equivalence. The criticism of the Council, by
the High Court, is also not warranted. First of all, no certificate was
produced by the first respondent that he had completed the first year course in
Dar-es-Salam. Unless and until that is done the question of admission to the
second year MBBS could not arise. The first respondent had not appeared in the
supplementary examination. If that is so, according to the Regulations of Dar-es-Salam
University, he is deemed to have discontinued from that Course. In such a case
the question of giving admission to Medical College at Jabalpur could never
arise. Therefore, looked at from any point of view, the Medical Council of
India which is the authority to decide the equivalence, has come to the correct
conclusion, in that, there cannot be a migration from unrecognised institution
to a recognised Medical College. The judgment of the High Court is wholly unsupportable.
we have arrived at this conclusion the question arises whether the case of the
first respondent could be considered for the academic year 1993-94 based on his
performance in the pre-Medical test for the year 1991. The statement of 800 marks
obtained in pre-Medical Test, 1991 is as under:
Max. Marks Marks Obtained Physics 300 127 Chemistry 300 220 Botany 300 160
Zoology 300 214 English 300 217 1200 721" He also claims that he belongs
to Scheduled Tribe. We do not have material to show as to whether he was
granted admission to any Medical College on the basis of his performance in the
pre-Medical test for the year 199 1.
in the petition for special leave to appeal the appellant has made the
following averments "In the said Count er-affidavit, on oath the
respondent no.1 deliberately, knowingly an d willfully made a false statement
that he had never appeared in the Pre-Medical Test held in the year 1991 and
failed. It was further stated that in fact it was his younger brother Sushrut
who had appeared in the T.M.T Examination of 1992. The petitioner herein has
made an inquiry and has come to know that the respondent no.1 appeared in the
Pre- Medical Test, 1991 vide application No. 27811 and was allotted Roll No.
624227 but failed to qualify and complete in the said test.....
the writ-petitioner respondent no.1 appeared in the Pre-Medical Test, 1991 vide
application no. 27811 and was allotted Roll No. 624227 but failed to qualify
and complete, he was not at all eligible for admission to the undergraduate
medical course in India." If this be the correct position, he would not be
entitled to be considered for admission for the academic year 1993-94 on the
basis of his performance in the Pre-Medical test held in the year 199 1. It is
for the concerned authority to verify the factual situation and decide the
make it clear that if his case has already been considered for admission on the
basis of performance in the Pre-Medical test 1991 and rejected there is no need
to consider his case once again for the year 1993-94.
it may be considered on the basis of performance in the pre-Medical test for
the year 1991 as against the quota intended for Scheduled Tribe, if his status
as belonging to Scheduled Tribe is established provided there is no legal
impediment in doing so.
to the above directions, civil appeals will stand allowed. However, there shall
be no order as to costs.
No. 1 of 1993 in SLP (C) 6161 of 1993 is also allowed.