Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/ Educational Institutions: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Education/ Educational Institutions:Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Payment of Fees) Rules, 2008 - rr. 5 and 12 - Admission - Candidates belonging to the SC, ST and OBC, securing less than 40% marks in Physics, Chemistry and Biology in the common entrance test to MBBS Course for 2008-2009 - Admission of students to MBBS Course on basis of their merit. Communication of Medical Council of India to discharge students from MBBS course since they were not eligible for admission in the MBBS course as per MCI Regulations . Cancellation of admission - However, students allowed to appear in the exam subject to final decision of MCI - Writ petition - High Court refusing to quash the communication of MCI - On appeal held: MCI Regulations require the candidates belonging to the SC, ST and OBC to secure in the competitive entrance examination for admission 40% marks in the Physics, Chemistry and Biology taken together whereas the State Rules, 2008 had prescribed a qualification standard which was less than that of MCI - Qualification requirements prescribed by the State cannot be lower than those prescribed by the MCI - Admissions of the candidates took place due to the fault of the rule-making authority in not making the State Rules, 2008 in -conformity of the MCI Regulations -Candidates cannot to be blamed for having secured admission in the MBBS course - They were selected on basis of their merit and admitted into the MBBS course in accordance with the State Rules, 2008 and have pursued their studies for a year - In the interest of justice, the admissions of the appellants to the MBBS course in the college for 2008-2009 not to be disturbed - Regulations on Graduate ·Medical Education, 1997 - Clause 5(ii). |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2011 INSC 138 |
Petitioner | Chowdhury Navin Hemabhai & Ors. |
Respondent | The State Of Gujarat & Ors. |
SCR | [2011] 2 S.C.R. 1071 |
Judgement Date | 2011-02-18 |
Case Number | 1925 |
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