Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997 Medical Council of India Regulations on Graduate Medical Education |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Medical Council of India Regulations on Graduate Medical Education, 1997 – Regn.4(2) – Admission to MBBS course – NRI candidate – Eligibility criteria – University treated the respondent- candidate as ineligible for admission to MBBS course – High Court allowed the writ petition filed by candidate – On appeal, held: As per Regn.4(2), the candidate should have undergone study at the 10+2 stage, (or in the intermediate course) in the specified subjects of Physics, Chemistry and Biology/Bio-technology – The certificate relied upon by the candidate merely clarifies that she undertook a course whilst in the 10 th grade – That, by no means, is sufficient to fall within the description of “equivalent” qualification under Regn. 4(2)(f) – Nor can it be deemed adequate having regard to the letter of the Assistant Principal of Conrad High School that the AP course in Biological Sciences is of college standard – There is a rationale and compelling logic on the part of the University to say that the candidate should have studied biology or biological sciences (apart from the other two science subjects, along with the further requirement of having studied English) in all the relevant years during the intermediate or at 10+2 level – Further, the reference to having studied in the first year in a degree course, at the college level with the said subject, carries with it, the implication that the student would have necessarily undergone academic study and training in the said three subjects at the 10+2 or intermediate level (without which, admission in a degree course is inconceivable in India) – The further emphasis on having attended or undertaken practical lessons, (again at that level, in each of the concerned years) clearly signifies that a candidate should have undergone study in those subjects for the last two years at school or intermediate college level – High Court did not closely scrutinize the equivalence certificate or the subject stipulations – The stipulation of equivalence n Regn. 4(2)(f) is not merely a formal one – The provision must be read in the context of the consistent conditions of eligibility prescribed in Regns. 4(2)(a) to (e) – Regn. 4(2)(f) explicitly refers to the subject matter requirement reiterated in all the eligibility conditions from (a) to (e); the substance of the eligibility requirement indeed, is that the candidate should have qualified an intermediate level examination or first year of a graduate course, and studied the subjects of Physics, Chemistry and Biology at this level, along with practical testing in these subject areas, and the English language – This subject matter requirement is at the heart of eligibility to be admitted into the medical course - There was no error on part of University in treating candidate ineligible. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2021 INSC 92 |
Petitioner | Kaloji Narayana Rao University Of Health Sciences |
Respondent | Srikeerti Reddi Pingle & Ors. |
SCR | [2021] 1 S.C.R. 935 |
Judgement Date | 2021-02-16 |
Case Number | 390 |
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