Sandeep Kumar Sood vs Union Of India & Ors
2013 Latest Caselaw 3612 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Judgment reserved on   : 06.08.2013
                               Judgment pronounced on : 14.08.2013


+      W.P.(C) 4673/2013

       SANDEEP KUMAR SOOD                                   ..... Petitioner

                                  Through: Mr Ujjwal Jha, Adv.

                         versus

       UNION OF INDIA & ORS                             ..... Respondents

                         Through: Mr Amrit Pal Singh, Adv for
                         Respondents 1 to 3
                         Mr Amit Bansal and Ms Ritika Nagpal, Advs
                         for R-4
CORAM:
HON'BLE MR. JUSTICE V.K. JAIN

V.K. JAIN, J.

1. In exercise of the powers conferred by sub-section (1) of Section

7B of the Citizenship Act, 1955 (57 of 1955) and in continuation of the

notifications of the Government of India in the Ministry of Home Affairs

number S.O.542(E) dated, the 11th April, 2005 and in the Ministry of

Overseas Affairs S.O. 12(E), dated the 6th January, 2007, the Central

Government specified certain rights to which the persons registered as the

overseas citizen of India under Section 7A of the said Act, shall be

entitled, such rights include the right to appear for the All India Pre-

Medical test or such other tests to make them eligible for admission in

pursuance of the provisions contained in the relevant Acts.

2. A National Eligibility cum Entrance Test (NEET-UG, 2013) was

held by respondent No. 4-Central Board of Secondary Education for

admission to MBBS/BDS courses. The Information Bulletin, to the

extent it is relevant, reads as under:

"1. INTRODUCTION

a. There shall be a single eligibility cum entrance examination namely

'National Eligibility-cum-Entrance Test for admission to MBBS/BDS

courses' in each academic year.

c. The reservation of seats in medical/dental colleges for respective

categories shall be as per applicable laws prevailing in States/Union

Territories. An all India merit list as well as State-wise merit list of the

eligible candidates shall be prepared on the basis of the marks obtained in

National Eligibility-cum-Entrance Test and candidates shall be admitted

to MBBS/BDS courses from the said lists only.

e. All admissions to MBBS/BDS courses within the respective categories

shall be based solely on marks obtained in the National Eligibility-cum-

Entrance Test.

4. GENERAL INSTRUCTIONS

(a) National Eligibility Cum Entrance Test (UG) will be governed by the

rules and regulations specified by the Medical Council of India, Dental

Council of India and the Government of India.

(b) Appearance in NEET does not confer any right to the candidate for

admission in MBBS/BDS Courses. The selection and admission to

MBBS/BDS seats in any Medical Institution recognized for running

MBBS/BDS Courses as per Indian Medical Council Act 1956 and BDS

Course Regulations 2007 is subject to fulfilling the admission criteria,

eligibility, medical fitness and such other criteria as may be prescribed by

the respective universities and medical institutions.

9. ELIGIBILITY AND QUALIFICATIONS

9.1 Indian Nationals and Overseas Citizen of India (OCI) are Eligible for

appearing in the National Eligibility Cum

Entrance Test (NEET-UG)

9.2 Eligibility for All India Quota Seats

(i) He/She has completed age of 17 years at the time of admission or will

complete the age on or before 31st

December of the year of his/her admission to the 1st year MBBS/BDS

Course and is an INDIAN NATIONAL.

9.3 Eligibility for State Quota Seats

(i) He/She has completed age of 17 years at the time of admission or will

complete the age on or before 31st December of the year of his/her

admission to the 1st year MBBS/BDS Course and is an INDIAN

NATIONAL.

(ii) Overseas Citizens of India (OCI) are eligible for admission in

Medical/Dental Colleges subject to rules and regulations framed by the

respective State Governments and the Government of India."

3. The petitioner before this Court, who is not an Indian Citizen, but

is an Overseas Citizen of India (OCI), appeared in NEET-UG, 2013 and

secured All India Rank 7404. However, neither the rank of the petitioner

in All India Quotas nor his rank in State Quota was declared by CBSE.

The grievance of the petitioner is that on account of his All India Quota

rank not being declared, he could not appear in the counseling for

admission under the State quota. The petitioner is accordingly seeking a

direction to the respondents to declare his All India Quota rank and

consider him for admission in the Medical/Dental colleges in India.

4. In their counter-affidavit, respondents 1 to 3 have stated that the

Information Bulletin clearly stipulated that mere appearance in NEET

does not confer any right for admission in MBBS/BDS courses which are

notified by IMC Act and BDS Courses Regulation, subject to fulfilling

the admission criteria, eligibility medical fitness and such other criteria as

may be prescribed by the respective Universities and Medical Institutions.

According to these respondents, the privilege granted to OCIs is subject

to the provisions of Indian Medical Council Act, 1956 and Dentists Act,

1948 and no amendment to the said Acts has been made so as to permit

such persons to appear in the All India Pre-Medical test or such other test

as would make them eligible for admission in the undergraduate medical

courses. The reason given is that admission of OCIs to the undergraduate

medical courses will put an ordinary Indian student at a distinct

disadvantage since he does not have an option to study medicine abroad,

whereas OCI student, if given an option may prefer to study in medicine

in India just because it is cheaper. It is further submitted by the

respondents that as against total 51,175 medical seats (excluding AIIMS

and JIPMER), the number of students, who appeared for NEET-UG

2013, was 6,48,040, which would show that the number of aspirants for

such seats is very high and allowing OCI students to obtain admission

under the All India Quota would further diminish their chances. It is also

stated that the medical colleges also offer seats under NRI quota at a

higher cost and admission against those seats can be availed by OCIs

candidates who generally have a strong economic background.

5. In its counter-affidavit, respondent No. 4, referring to the various

clauses of the Information Bulletin for NEET UG, 2013, has stated that

the petitioner is not entitled for admission under the All India Quota.

6. This is respondents' own case that all admissions to MBBS/BDS

courses during the Academic Year 2013-14 is to be made solely on the

marks obtained in the NEET test. This is not their case that admission to

NRI quota in the medical colleges can be made without the candidate

having appeared in NEET and having obtained the minimum prescribed

marks in the said test. Clause 1(b) of the Information Bulletin clearly

stipulates that a person would be eligible for admission to MBBS/BDS

course only if he attains minimum marks in NEET held for the relevant

academic year, besides obtaining minimum prescribed marks at the

qualifying examination.

7. As far as admissions under All India Quota are concerned, it is

evident from a perusal of clause 9.2 (i) that only Indian nationals are

eligible for admission under the said quota. Therefore, being an Overseas

Citizen of India (OCI), the petitioner is not eligible for admission under

the All India Quota. However, as far as admission under the State Quota

is concerned, a perusal of clause 9.3 (ii) clearly shows that even Overseas

Citizens of India are eligible for admission in Medical/Dental Colleges

under the said quota, subject, of course, to the rules and regulations

framed by the respective State Government and the Central Government.

Therefore, it cannot be said that the Overseas Indian Citizens of India are

not eligible for admission even against the seats falling under the State

Quota. In fact clause 1(c) clearly stipulates that the candidates shall be

admitted to MBBS/BDS courses only from the All India Merit List and

the State-Wise Merit List. Going by the Information Bulletin for NEET-

UG, 2013, unless the name of a person appears either in the All India

Merit List or in the State-Wise Merit List, he cannot be considered for

admission even in NRI Quota. No specific rule/regulation permitting

admission against NRI seats, without the candidate appearing in NEET

UG, 2013 and without his name appearing either in the All India Merit

List or in the State-Wise Merit list has been brought to my notice nor has

any such provision been pointed out in the counter-affidavit of the

respondents. Even otherwise, I fail to appreciate how admission against

NRI seat can be made, without the name of the candidate, appearing

either in the all India merit list or in the State merit list when the

regulations clearly stipulate that in order to be eligible for admission to

MBBS/BDS courses for a particular academic year, the candidates must

have obtained minimum marks in the said test for the relevant academic

year. Even the Information Bulletin does not say that the name of OCIs

students will not be included either in the All India Merit List or in the

State-Wise Merit List. However, considering that State Wise Merit List

is to contain the names of only those candidates who passed their

qualifying examination only from the concerned State, the petitioner can

claim declaration of his rank in the concerned State merit list only if he

has passed his qualifying examination from a school Board in India. It is

stated in the writ petition that the petitioner shifted to India in 1993 and

passed the qualifying examination in the year 2012, it does not disclose as

to from where the petitioner passed the qualifying examination which

entitles him to seek admission in an MBBS/BDDS course.

7. For the reasons stated hereinabove, I am of the considered view

that though the respondents are not required to declare the rank of the

petitioner in the All India Merit List, they have to declare his rank in the

concerned State Merit List, if he has passed his qualifying examination

from a State/Territory in India. The respondents are directed accordingly.

In case the rank of the petitioner in the State Merit List is required to be

declared in terms of this order, that shall be done within one week from

today under intimation to the petitioner.

The writ petition stands disposed of.

V.K.JAIN, J

AUGUST 14, 2013 bg