Shri Santosh Meena vs University Of Delhi And Ors.
2003 Latest Caselaw 795 Del

JUDGMENT

Vikramajit Sen, J.

1. A hard situation necessitates taking of a harsh decision. The question before me is whether the Petitioner, who has undergone only the 12th Class Examination in Delhi is entitled to be considered for admission to the M.B.B.S. Course in Delhi. The Petitioner was residing in Surat along with his parents. His father after taking Voluntary Retirement moved to Delhi while he was pursuing studies in the 9th Class. Thereafter, he continued his studies and cleared the 10th and 11th Class also from Surat. In Surat the Rules prescribe that students should have successfully completed the 10th, 11th and 12th Class in the state of Gujarat for being eligible for admission to educational courses in that state. This eligibility criteria of three years has received the approval of the Hon'ble Supreme Court in Anant Madaan Versus State of Haryana and Others, . If a requirement of three years has been upheld by the Hon'ble Supreme Court, there seems no possibility for finding any legal irregularity in the requirement of completing the 11th and 12th Class in Delhi, as is in vogue in Delhi.

2. It was found that complete inflexibility in these requirements presented anomalous situation, such as perhaps the case before me. In order to solve the impasse, the Hon'ble Supreme Court in Meenakshi Malik Versus University of Delhi and Others, , held that since the Petitioner had to accompany her father in a foreign posting, some relaxation was called for. However, in Anant Madaan's case (supra), the relaxation was restricted to the facts which prevailed in Meenakshi Malik's case (supra).

3. The Hon'ble Supreme Court had taken into its consideration the situation that arises in cases such as the present one in Dr.Pradeep Jain and Others Versus Union of India and Others, . At that time there was a total reservation in favor of students from a particular State. The Supreme Court, however, in order to alleviate the problems that manifested themselves in cases such as the present one, directed the creation of 15% quota for all-India students. This quota is covered by examinations which are conducted by the Director General (Health Services), in which, unfortunately, the Petitioner has not appeared. The sole question is whether any further relaxation or exception or exemption can be carved out in the face of the prescribed requirement that a student should have completed both 11th and 12th classes from Delhi, as per Rules prevalent and applicable in Delhi.

4. By way of interim orders, the Petitioner was permitted to appear in the Common Entrance Test by Orders of Hon'ble Justice S.K.Aggarwal dated 16th May, 2003. I had called for the results on a previous hearing. After hearing counsel for the parties, I need to clarify that so far as I was concerned, these results were called for in order to determine whether the Petitioner had succeeded in the Common Entrance Test, since if the result was to the contrary, no further consideration to this Writ Petition would have been called for.

5. In my opinion, it is no longer res integra that it is law to enforce conditions prescribing that, as a minimum Classes XI and XII should be completed from Delhi for being eligible for admission in Delhi. The Petitioner's case unfortunately does not fall within the extraordinary parameters set out in Meenakshi Malik's case (supra).

6. In these circumstances, the prayers contained in the Petition cannot be granted. The Result of the Petitioner in the Common Entrance Test is returned to learned counsel for the Respondent.

7. The Petition is dismissed, but with no order as to costs.