Monika Ranka &
Ors. Vs. Medical Council of India & Ors.  INSC 1506 (4 September
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5518-5519 OF 2008
(@SPECIAL LEAVE PETITION (CIVIL)NOS.17990-17991 OF 2008) MONIKA RANKA &
ORS. Appellant(s) VERSUS MEDICAL COUNCIL OF INDIA & ORS. Respondent(s) WITH
CIVIL APEAL NOS.5520-5521 OF 2008 (@ SLP(C)NOS.17995-17996 OF 2008) ORDER No
orders on the application for impleadment and deletion of the name of respondent.
Exemption from filing
O.T. is allowed.
The appellants in
these appeals are admitted into the 1st year M.B.B.S.Course in 2006-2007 in
R.D.Gardi Medical College, Ujjain. The appellants have joined the said course
and have appeared for the 1st year M.B.B.S.Course examination. Meanwhile, the
Medical Council of India has sought information from the college regarding the
eligibility of the students admitted to this course and it was found that about
20 students who had scored 50% and above marks in the 10+2 examination had not
secured 50% marks in the entrance examination conducted by the Association of
Private Dental and Medical Colleges of Madhya Pradesh. The appellants herein 2
contended that they 3 were under the impression that they had acquired the
requisite marks and the marks secured by them in the entrance examination were
not made known to them at the time of admission and, therefore, they are not to
be blamed for the irregular admission, if any, had taken place. The High Court
considered this aspect and held that the admission of these students was
illegal and irregular and their studies were directed to be terminated.
Aggrieved by the
same, the present appeals were filed.
Heard learned senior
counsel for the appellants and learned Additional Solicitor General for Medical
Council of India.
In the Regulation
published it was stated that the candidates should have secured more than 50%
marks in the entrance examination. There is nothing on record to show that
these appellants were informed of the marks secured by them in the entrance
examination. As these appellants have already completed one year of their
course, equities are in favour of the appellants. But however, we maintain the
judgment of the High Court, as regards the principle laid down, but we direct
that these appellants may be allowed to continue their M.B.B.S.Course as a
special case and their results of the 1st year M.B.B.S.Course may also be
declared so that they may continue with their studies.
The management of the
R.D.Gardi Medical college was not justified in giving admission to these
students. Certainly, they must be aware of the fact that the candidates should
have secured at least 50% marks in the entrance examination but the 4 learned
senior counsel appearing for the college says that they were not aware of the
marks secured by these candidates as the entrance examination was held by a
different association as the marks were not furnished to them by the
association. However, as the admission is found to be irregular, equal number
of students shall be reduced from the management quota for the year 2009-10.
The appeals are
disposed of accordingly. No costs.
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