Harsh Pratap
Sisodia Vs. Union of India & Ors [1999] INSC 19 (5 February 1999)
V.N.Khare,
M.Srinivasan
D E R
The petitioner passed his Intermediate Examination conducted by the Board of
High School and Intermediate Education, U.P. and subsequently appeared in the
All India Pre-Medical/Pre-Dental Entrance Examination conducted by the Central
Board of Secondary Education. The petitioner qualified in the entrance
examination and was informed vide communication dated 10-7-1998 that allotments to medical colleges would be made by
the Directorate General of Health Services. Later on, the petitioner was
informed by the Assistant Director General, Health Services on 14-9-1998 that he had been allotted a seat for admission to
MBBS at Dr. V.M. Medical College, Solapur. On being approached, the College,
however, on 28-9-1998, refused admission to the
petitioner. The Assistant Director General, Health Services, on being so
apprised by the petitioner, wrote to the Medical College at Solapur on
7-10-1998, advising them to admit the petitioner who had qualified in the
entrance test against 15% All India Quota. The College, however, expressed its
inability to do so on 13th
October, 1998. The
request of the petitioner to the Assistant Director General, Health Services to
secure him admission in any other College also bore no fruit. The petitioner
thereupon has filed this writ petition. While counters have been filed by
respondent Nos. 1 and 2, respondent Nos. 3, 4 and 5, namely, the State of Maharashtra, the Directorate of Medical
Education and Research, Mumbai and Dr. V.M. Medical College, Solapur have not
filed their counters or response till date in spite of opportunities granted to
them for the purpose. We have heard learned counsel for the parties. The Dean,
Dr. V.M. Medical College, respondent No. 5 refused to admit the petitioner, who
had qualified in the entrance test for admission against the 15% All India Quota. The reasons for refusal are
contained in the communication dated 28-9-1998 from the Dean to the Asstt. Director
General of Health Services. The relevant portion of the letter reads thus :
. Mr. Sisodia
had passed Intermediate Examination of U.P. Board in the year July, 1993
without Biology.
Subsequently,
he had passed Biology as his subject at intermediate Board in the year July,
1994 and secured 56 marks.
As per
rules existing in this State, incumbent must have passed H.S.C. or equivalent
exam. in one and the same attempt. Please refer Rule 4.4 for eligibility for
the MBBS admission. This incumbent does not fulfil the condition prescribed
under the Rule for eligibility The eligibility criteria for admission to the
medical colleges, throughout the country, under 15% All India Quota, as
stipulated by Rule 4.4 of CBSE (information bulletin of 1998) does not show that
there is any such requirement as was being raised by the Dean of the Medical
College i.e.
that
the candidate must have passed H.S.C. or its equivalent exam in one and the
same attempt. The petitioner had passed his intermediate examination in first
division. Later on he also passed the Biology subject in 1994. The petitioner,
thus, satisfied the requirements prescribed by Code 02 of Rule 4.4 (iii) of the
All India Pre-Medical Examination Rules. The condition imposed by the Maharashtra State, for passing the qualifying examination in one and the same
attempt can have no application to the candidates who qualify the entrance
examination against 15% All India Quota and are college. allotted a seat in the
MBBS against that quota to a medical It is not disputed that the criteria of
eligibility for allotment of seat to MBBS against 15% All India Quota has been
fixed by the CBSE in consultation with the Medical Council of India under a
modified scheme approved by this Court. Under that scheme the States and Colleges,
cannot insist upon, satisfaction of the State requirements as a condition to
grant admission to the allottees against 15% All India Quota. It is, therefore, not open to any State to fix any
additional eligibility criteria in cases of candidates who fall under 15% All India Quota. The eligibility criteria
having been approved by this Court it could not be ignored by the Dean, Medical College, Solapur. The denial of admission to the petitioner was
thus wholly illegal and unjustified.
Consequently,
this writ petition succeeds and is allowed.
The
Dean, V.M. Medical College, Solapur is, hereby, directed to grant admission to
the petitioner in the First Year of M.B.B.S. course under 15% All India Quota forthwith. Since, the
petitioner was kept out of the College, on wholly unjustified and illegal grounds,
it is obvious that he would not be able to make up the attendance criteria, if
the attendance is to be counted from the date when the session started. It,
therefore, appears appropriate to us to direct that the attendance in the case
of the petitioner, should be counted from the date when the admission is
granted to him pursuant to the directions hereinabove made, by the Medical College, Solapur to consider his eligibility for appearing in the
examination.
Writ
Petition is, accordingly, allowed but with no order as to costs.
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