Dr. Ajay Kumar Gupta vs Union Of India & 2 Others
2013 Latest Caselaw 7521 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Chief Justice's Court								      A.F.R.
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 69441 of 2013
 
Petitioner :- Dr. Ajay Kumar Gupta
 
Respondent :- Union Of India & 2 Others
 
Counsel for Petitioner :- Aseem Kumar Rai
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
 
Hon'ble Sanjay Misra,J.

The petitioner has filed these proceedings purportedly in the public interest. His grievance is in respect of the syllabus which has been prescribed for the National Eligibility-cum-Entrance Test (NEET) for admission to the MBBS courses across the country, which is to be held by the Medical Council of India. According to the petitioner, there is an excessive emphasis on certain areas such as Physics and Chemistry. Hence, the petitioner seeks a declaration that the notification which has been issued on 15 February 2012 by the Medical Council of India is ultra vires.

2. The formulation of a syllabus for an entrance examination or an eligibility test has to be by experts. These are matters of academic expertise in which the Court cannot substitute its view for the view of an expert body. The Medical Council of India is a statutory authority, which is constituted for regulating medical education. The Court cannot possibly hold that the syllabus should be modified so as to dilute an emphasis either on Physics or Chemistry as urged by the petitioner. The relevance of a particular line of study to the course which would be followed by the students following the entrance examination has to be determined by the body or authority which prescribes the test. This cannot be evaluated in exercise of the power of judicial review by the Court. The study of Physics, Chemistry and Biology does have a rational relationship to a national eligibility test for admission to the MBBS course. Hence, no case of interference is made out.

3. The petition is dismissed. There shall be no order as to costs.

Order Date :- 18.12.2013

RKK/-

				       (Sanjay Misra, J)        (Dr. D.Y. Chandrachud, CJ)