Krishna Kumar S/O Shri Bhera Ram vs State Of Rajasthan
2022 Latest Caselaw 3897 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No.4713/2022

Krishna Kumar S/o Shri Bhera Ram, Aged About 18 Years 06
Months Resident Of Village Jalampura, Post Jeevana, District
Jalore (Rajasthan)
                                                                    ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through The Principal Secretary,
        Medical Education, Government Secretariat, Jaipur
2.      The   Chairman,         NEET       UG      Counseling       Board-2021,
        Government Dental College, Jaipur.
3.      The Principal, Government Medical College, Kota.
4.      National Medical Commission, Through Its Secretary,
        Pocket-14, Sector-8, Dwarka, Phase-I, New Delhi.
                                                                 ----Respondents

For Petitioner(s) : Mr.Tanveer Ahamad, Adv. For Respondent(s) : Dr.V.B. Sharma, AAG with Mr.Harshal Tholia, Adv.

Mr.Angad Mirdha, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

18/05/2022

Heard learned counsel for the parties.

The instant writ petition has been filed by the petitioner

seeking a direction to allow him to join the MBBS Course in

Government Medical College, Kota, in pursuance of allotment

letter and second round of counselling. The petitioner also feels

aggrieved against the order dated 15.03.2022 declaring same to

be contrary to the conditions of instruction booklet.

Mr.Tanveer Ahamad, learned counsel for the petitioner

submitted that the petitioner had participated in National Entrance

(2 of 12) [CW-4713/2022]

cum Eligibility Test, UG 2021 (hereinafter read as 'NEET, 2021')

and he secured 637 marks in NEET UG, 2021 and secured All India

Rank at Serial No.6610.

Learned counsel for the petitioner submitted that the

petitioner was permitted to appear in the counselling process for

his MBBS admission and as such, in the first round of counselling,

the petitioner was allotted Government Medical College, Pali and

he submitted all his documents.

Learned counsel for the petitioner submitted that

thereafter in second round of counselling, the petitioner was

allotted Government Medical College, Kota by way of upgradation

and accordingly, the petitioner deposited the requisite fee in the

Government Medical College, Kota through online mode of

transaction.

Learned counsel for the petitioner submitted that the

Principal of Government Medical College, Kota, did not allow him

to join and on the contrary, he wrote a letter on 14.03.2022 to the

Chairman, NEET UG, State Counselling Board, 2021 seeking

direction of admissibility of the petitioner of MBBS seat at

Government Medical College, Kota for the reason that he studied

Biology in 12th Class only and as per educational qualification of

information booklet, the petitioner was not found eligible for

admission.

Learned counsel for the petitioner submitted that the

Principal & Controller, Government Medical College, Kota again

wrote a letter on 15.03.2022 to the Chairman, NEET UG-State

Counselling Board and it was informed that 'Biology' subject was

not listed as a subject in Class-11 th mark-sheet of the petitioner,

which is a requirement as per educational qualification for getting

(3 of 12) [CW-4713/2022]

admission in MBBS Course as mentioned NEET UG Counselling

Information Booklet and as such, due to insufficient educational

qualification, the petitioner will not be allowed to report/join

against the allotted seat at Government Medical College, Kota.

Learned counsel for the petitioner submitted that the

petitioner has requisite educational qualification as per

Information Booklet issued by the NEET UG Board.

Learned counsel for the petitioner submitted that the

petitioner initially passed his Secondary Examination in the year

2018 from Board of Secondary Education, Rajasthan and the

petitioner had subjects Hindi, English, Science, Social Science,

Mathematics and Sanskrit as a third language. Learned counsel for

the petitioner submitted that the petitioner had secured 547

marks out of 600 and he secured First Division and as such, he

has a brilliant academic career.

Learned counsel for the petitioner submitted that the

petitioner has passed his Class-11th Examination from the Jawahar

Navodaya Vidyalaya Jaswantpura, District Jalore (Raj.) and his

core subjects include Physics & Chemistry and in the electives, he

had Mathematics & Hindi. Learned counsel submitted that the

petitioner passed the said examination with good marks.

Learned counsel for the petitioner submitted that

thereafter the petitioner passed his Senior Secondary

Examination, 2020 from the Board of Secondary Education,

Rajasthan and the petitioner had Hindi and English as Compulsory

Subjects but he had Physics, Chemistry and Biology as his

Optional subjects and as an additional, the petitioner had

'Mathematics subject'.

(4 of 12) [CW-4713/2022]

Learned counsel for the petitioner submitted that since

the petitioner had studied subject of Biology in Senior Secondary

Examination, 2020 and as such, the petitioner was held eligible to

apply for the MBBS Course.

Learned counsel for the petitioner has drawn attention

of this Court towards the eligibility and educational qualification

prescribed by the respondents.

Learned counsel submitted that eligibility criteria which

has been provided by the respondents clearly provides that a

candidate who has passed 10+2 Examination, after a period of 12

years study and has Physics, Chemistry, Biology/Biotechnology as

subjects and Mathematics or any other elective subject with

English, is also eligible to apply.

Learned counsel for the petitioner submitted that

respondents in arbitrary manner have declared the petitioner

ineligible and they have deprived the petitioner from pursuing his

course in spite of securing high rank and marks.

Learned counsel for the petitioner submitted that even

the candidates who have not studied Biology subject for

continuous two years in their 10+2 Higher/Senior Secondary

Examination, still only on account of having 'Biology' as an

additional subject, have been permitted to participate in the

examination.

Learned counsel for the petitioner submitted that case

of the petitioner cannot be at a lower pedestal as compared to the

other candidates, who are allowed to pass Biology as additional

subject only for one year, while the petitioner has undergone the

Biology subject in Class 12th only.

(5 of 12) [CW-4713/2022]

Learned counsel for the petitioner submitted that the

petitioner has not only undergone theoretical classes and but has

also undergone practical classes and as such, the respondents are

not justified in treating the petitioner ineligible or lacking

qualification to pursue his course.

Learned counsel for the petitioner further submitted

that the issue of students who have 'Biology' as an additional

subject, even after passing Class 12 th examination and without

studying Biology subject in last two years is sub-judice before the

Apex Court and as such, the respondents themselves have made a

reference in the eligibility criteria and once the respondents allow

such candidates, the petitioner cannot be deprived to pursue such

course.

Learned counsel further submitted that the issue with

regard to subject of Biology being taken as an additional subject

has already been decided by this Court in the case of Saurabh

Kumar Jeengar Vs. State of Rajasthan & Ors. in S.B. Civil

Writ Petition No.15014/2020 decided by order dated

09.03.2021.

Learned counsel submitted that the said judgment of

the Single Bench has been upheld by the Apex Court while

dismissing the SLP and only year of admission has been changed

for the petitioner in that case.

Learned counsel on the strength of the said judgment

submitted that if a candidate studying as additional subject of

'Biology' can be permitted them on the same analogy, if the

petitioner has undergone the entire course of one year in his Class

12th, he should not be deprived.

(6 of 12) [CW-4713/2022]

Per contra, learned counsel Mr.Angad Mirdha appearing

for the respondent No.4, submitted that the petitioner lacks the

basic educational qualification, as he has not studied Biology

subject in both the Classes-11th & 12th and as such, he is not

eligible to get admission.

Learned counsel for the respondent submitted that the

present case is not of an additional subject of 'Biology' being taken

by the petitioner and as such, no recourse can be taken to the

eligibility condition, which has been prescribed for the students,

who have opted 'Biology' as an additional subject.

Learned counsel for the respondent further submitted

that a candidate needs to have proper educational qualification to

pursue the MBBS Course as has been decided by the Apex Court

in the case of Kaloji Narayana Rao University of Health

Sciences Vs. Srikeerti Reddi Pingle and Others. reported in

[AIR 2021 SC 1031].

Learned counsel on the strength of said judgment

submitted that a candidate should have undergone study of

'Biology subject' for the last two years at School or intermediate

College level and regulations further prescribe that the practical

training of subject is also required to be undergone by a candidate

for two years.

Learned counsel for the respondent submitted that the

issue of possessing educational qualification as per regulations of

MCI as amended vide notification dated 23.01.2018 and same

being put to challenge, came for consideration before the Division

Bench of this Court in D.B. Civil Writ Petition No.14547/2018

titled as Rajendra Prasad Saini Vs. Medical Council of India

& Ors.

(7 of 12) [CW-4713/2022]

Learned counsel submitted that this Court has upheld

the validity of regulations which were amended by the erstwhile

MCI.

Learned counsel on the strength of said judgment

submitted that this Court had also emphasized that a candidate

who wants to pursue the MBBS course, must have undergone the

study of requisite subject, for a period of two years and as such,

candidate who lacks the qualification, cannot be permitted to

pursue the course.

Learned counsel for the respondents-State Mr.Harshal

Tholia submitted that though reply was filed on behalf of the

respondents, however, due to typographical error, the description

in the reply to writ petition was not correctly mentioned and as

such, counsel for the respondents has sought permission of this

Court to file correct reply.

Learned counsel for the respondents-State, however,

submitted that the petitioner was not eligible to be granted

admission as the petitioner did not have the requisite educational

qualification, as he has studied subject of Biology only for one

year i.e. in Class 12, whereas, it should be of two years and as

such, the petitioner is not held eligible to take admission.

Learned counsel for the respondents submitted that

even if admission was given to the petitioner in the first round of

counselling at Government Medical College, Pali or subsequently at

Government Medical College, Kota, the same would not cloth the

petitioner with the eligibility and as such, the respondents before

allowing the petitioner to pursue the course, took a decision in a

right manner and accordingly, the petitioner was not permitted to

pursue the course.

(8 of 12) [CW-4713/2022]

Learned counsel for the respondents submitted that the

issue of eligibility of the students, who have not studied Biology

subject for two years, has already been decided by this Court and

as such, no interference is required.

I have considered the submissions made by learned

counsel for the parties.

It would be relevant to quote the eligibility criteria as

prescribed for MBBS Course, as under:-

"The Higher/Senior Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher/Senior Secondary Examination after a period of 12 years study, the last two years of such study comprising of Physics, Chemistry, Biology/Bio-technology (which shall include practical tests in these subjects) and Mathematics or any other elective subject with English at a level not less than the core course for English as prescribed by the National Council of Educational Research and Training after introduction of the 10+2+3 educational structure as recommended by the National Committee on Education.

Candidates who have passed 10+2 from Open School or as private candidates shall not be eligible to appear for 'National Eligibility cum Entrance Test'. Furthermore, study of Biology/Biotechnology as an Additional Subject at 10+2 level also shall not be permissible.*

*The candidates who have passed 10+2 level with Biology as an additional subject will also be eligible for MBBS Entrance Examination (as per Hon'ble High Court Order No.2341/- W/DHC/WRIT/D-1/2019 dated 24.09.2019 in the Writ Petition (C) No.6773/2019.

If the institute has to consider an examination of an Indian University or of a foreign/university to be equivalent to the 12th Class under 10+2 scheme/intermediate science examination, the

(9 of 12) [CW-4713/2022]

candidates shall have to produce a certificate from the concerned Indian University/Association of Indian Universities to the effect that the examination passed by him/her is considered to be equivalent to the 12th Class under 10+2 scheme/intermediate science examination.

*(NOTE: The proviso in italics has been subject matter of challenge before the Hon'ble High Court of Delhi, Hon'ble High Court of Allahabad, Lucknow Bench and Hon'ble High Court of Madhya Pradesh at Jabalpur. The provisions of the regulations disqualifying recognised Open School Board candidates and the candidates who have studied Biology/Biotechnology as an additional Subject has been struck down. The Medical Council of India has preferred Special Leave Petitions before the Hon'ble Supreme Court and Appeals in the Hon'ble High Courts. Therefore, the candidature of candidates in the NEET (UG)-2020 who have passed the qualifying examinations i.e. 10+2 from National Institute of Open Schooling or State Open Schools or as private candidates from recognised State Boards; or with Biology/Biotechnology as additional subject shall be allowed but subject to the outcome of Special Leave Petitions/Appeals filed by the Medical Council of India) OR

The Intermediate/Pre-degree Examination in Science of an Indian University/Board or other recognized examining body with Physics, Chemistry, Biology/Biotechnology (which shall include practical test in these subjects) and also English as a compulsory subject."

The issue before this Court is with regard to permitting

the student/petitioner to pursue the MBBS Course who has studied

Biology as a subject in Class 12 only.

This Court finds that the regulations which have been

framed by erstwhile MCI has prescribed the eligibility condition.

(10 of 12) [CW-4713/2022]

This Court finds from bare reading of the instructions

booklet, which has been issued by the respondents that a

candidate is required to have undergone 10+2 Higher Secondary

School Examination, after a period of 12 years study and last two

years of such study, should comprises of Physics, Chemistry,

Biology/ Biotechnology which will include practical tests in these

subjects.

This Court finds that if a candidate has been asked to

undergo these three subjects for a period of two years including

the practical tests, in absence of such qualification being

possessed by a candidate, it will not be possible to give admission

to such student/candidate.

This Court further finds that the Mathematics or any

other elective subject with English, has also been prescribed as a

qualification, which a candidate should possess.

This Court further finds that the issue with regard to

passing 'Biology' as an additional subject after passing Class 10 +

2 examination, is still subject matter of challenge before the Apex

Court, however, same controversy is not involved in the present

case as the petitioner has not studied Biology as an additional

subject but he has studied Biology subject in Class -12 only.

The submission of learned counsel for the petitioner

that the petitioner cannot be put at lower pedestal, as compared

to other candidates, who have passed Biology as an additional

subject, after passing of Class 11th and as such, the petitioner

should be considered for admission, suffice it to say by this Court

that the petitioner has not passed Biology as an additional subject.

This Court further finds that from the facts as narrated

in the present writ petition, the petitioner has passed his Class-

(11 of 12) [CW-4713/2022]

11th Examination while opting for Physics and Chemistry, as Core

subjects and Mathematics as electives subject.

This Court, on facts, further finds that the petitioner

has studied Biology as one of the subject in Class 12 th and as

such, only after passing Biology subject in Class 12 th, the same

qualification will not cloth him with eligibility which has been

prescribed.

This Court finds that the High Court of Madhya Pradesh

in Writ Petition No.3619/2022 (Sohan Chouhan Vs. The

State of Madhya Pradesh and Ors.) dated 21.02.2022 and in

Writ Petition Nos.4244 and 3887/2022 (Aprna Patle Vs.

The State of Madhya Pradesh and Ors. and Sachin Jatav Vs.

Chief Secretary, Higher Education Department, Vallabh

Bhawan and Ors. decided on 09.03.2022, has decided the

similar controversy.

This Court finds that for pursuing the medical course,

eligibility is required to be fulfilled by a candidate of having the

requisite qualification and if no such qualification is possessed, the

Court cannot permit such student to pursue the course.

The submission of learned counsel for the petitioner

that the issue of educational qualification being possessed by a

candidate, even as additional subject has been decided by this

Court in the case of Saurabh Kumar Jeengar (supra), this

Court finds that the issue before the Court was with respect to

additional subject being pursued by a candidate and not with

respect to basic qualification of having subject of Biology in Class

11th and 12th.

The said judgment is of little help to learned counsel for

the petitioner.

(12 of 12) [CW-4713/2022]

Accordingly, this Court finds that the respondents have

not committed any illegality in treating the petitioner ineligible for

pursuing the MBBS Course and as such, this Court finds no force

in the present writ petition and same is dismissed.

The interim order passed by this Court will also stand

vacated.

(ASHOK KUMAR GAUR), J

Himanshu Soni/1

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