1. Writ petition seeking direction for a Combined Entrance Examination for medical admissions based on Medical Council of India Regulations. (Para 1 , 2 )
Back
Next 
1998 Supreme(SC) 281
1998(2) Supreme 218
Supreme Court of India
S.C. Agrawal, M. Jagannadha Rao and A.P. Misra, JJ.
Ravindra Kumar Rai -Petitioner
versus
State of Maharashtra & Ors. -Respondents
Writ Petition (Civil) No. 649 of 1997
Decided on 27-2-1998
Counsel for the Parties :
For the Petitioner : Vikas Singh, Yunus Malik and Ms. Reena Sharma, Advocates.
For the Respondents : Navin Prakash, D.M. Nargolkar, Advocates.
Important Points
Important Point
Direction is issued to State of Maharashtra in public interest litigation under Art. 32 of Constitution to start the process of holding a combined Entrance Examination for the students to be admitted into Medical Colleges of Maharashtra from 1998 onwards in accordance with Regulations on Graduate Medical Examination, 1997 made u/s 33 of Indian Medical Council Act, 1956.
Direction is issued to State of Maharashtra in public interest litigation under Art. 32 of Constitution to start the process of holding a combined Entrance Examination for the students to be admitted into Medical Colleges of Maharashtra from 1998 onwards in accordance with Regulations on Graduate Medical Examination, 1997 made u/s 33 of Indian Medical Council Act, 1956.
Subject
Education Law - Medical Education
Act Referred
CONSTITUTION OF INDIA: Art.32, Art.371(2)(c)
MEDICAL COUNCIL ACT: S.33
REGULATION ON GRADUATE MEDICAL EDUCATION: Reg.5(2), Reg.5(3), Reg.4
MEDICAL COUNCIL ACT: S.33
REGULATION ON GRADUATE MEDICAL EDUCATION: Reg.5(2), Reg.5(3), Reg.4
Headnote
Constitution of India-Art. 32 -Public interest litigation-Regulations of Graduate Medical Education, 1997 made by Medical Council of India-Regulation 5(2)-Common Entrance Examination for admission to Medical Colleges in Maharashtra in 1998-Whether has to be held under the Regulation 5(2)? (Yes)-Whether this is against provisions of Article 371(2)(c) of Constitution? (No)-Is it possible to conduct a ‘common entrance examination’ now for the academic year starting from 1998? (Yes)-Effect-Direction issued to State of Maharashtra and its Medical Education Department to start the process for holding the common entrance Examination for admission to Medical Colleges in Maharashtra for the year 1998 in accordance with the said Regulations. (Paras 6, 7, 8 & 10)
Legal Category Hierarchy
Table of Contents
2. Dispute over applicability of Regulation 5(2) versus 5(3) and whether regional arrangements under Article 371(2)(c) preclude a common entrance examination. (Para 3 , 4 )
3. Multiple boards and universities necessitate a common entrance exam to ensure uniform evaluation, as marks across different boards are not comparable. (Para 6 , 7 )
4. Where multiple universities or boards conduct qualifying examinations, a competitive entrance examination is mandatory to achieve uniform evaluation of merit. (Para 6 , 7 )
5. Writ petition allowed; State directed to conduct a Common Entrance Examination for medical admissions for the year 1998. (Para 10 )
6. When is a competitive entrance examination mandatory for medical college admissions under the Medical Council of India Regulations?
A competitive entrance examination is mandatory in states having more than one university, board, or examining body conducting the qualifying examination to achieve uniform evaluation, as standards may vary across different agencies. (Para 2 , 6 , 7 )
7. Does the existence of regional development boards under Article 371(2)(c) of the Constitution prevent the implementation of a common entrance examination?
No, compliance with the Medical Council of India's regulations for a common entrance examination does not hinder the provision of equitable arrangements for technical and vocational education in specific regions. (Para 8 )
8. Can a state refuse a common entrance examination on the grounds that only a small number of students appear for certain qualifying boards?
No, if more than one board conducts the qualifying examination and multiple universities exist, the requirement for a competitive entrance examination is attracted regardless of the number of students from a specific board. (Para 6 )
Judgment
M. Jagannadha Rao, J.-This writ petition under Article 32 of the Constitution of India has been filed against the State of Maharashtra (1st respondent) and the Medical Education Department of the State (2nd respondent) for the issue of a writ or direction commanding the State to hold a Combined Entrance Examination for admission to Medical Colleges in the said State and to direct the State to start the process for holding the said competitive examination for the students to be admitted into medical colleges from 1998 onwards. The writ petition is based mainly on the Regulations made by the Indian Medical Council recently in 1997.
2. The petitioner has filed this case as a public interest case and has also stated that his daughter is going to appear for the 12th standard examination from the Kendriya Vidyalaya, 1, Colaba, Mumbai in March 1998 and that she will become eligible for admission to medical colleges in 1998. Petitioner states that 85% of seats in Maharashtra are available for local students because 15% are to go to the All India Pool. It is pointed out that in Maharashtra there are a large number of medical colleges affiliated to various universities-like the Bombay University, Pune University, Nagpur University etc. As of today admissions to the colleges under these Universities are being made by the Medical Education Department of Government (2nd respondent) solely on the basis of marks obtained at the qualifying examinations which are conducted by three Boards, namely, the ISC Board, the CBSE Board and the Maharashtra Higher Secondary Examination Board. Under that system, the 2nd respondent invites applications from students and allocates the students to the Medical Colleges in the State, some of them being Government colleges and some under Private Management and Municipal Corporations of Bombay and Thane. It is pointed out that according to rulings of the Supreme Court, admissions to Medical Colleges should be based strictly on merit and that there should be proper criteria for admissions. Reference in this connection is made to the Regulations framed recently by the Medical Council of India with the previous sanction of the Central Government by virtue of powers conferred on it under Section 33 of the Indian Medical Council Act, 1956. These Regulations are called ‘Regulations on Graduate Medical Education, 1997’. (Published in Part III, Section 4 of Gazette of India dated 17.5.1997). Regulation 4 prescribes, in considerable detail, the eligibility criteria for students with various types of education leading to 10+2 or its equivalent. Regulation 5 is important and reads as follows:
“Reg. 5 : Selection of Students : The selection of students to medical college shall be based solely on merit of the candidate and for determination of merit, the following criteria be adopted uniformly throughout the country:
(1) In States, having only one Medical College and one university/board/ examining body conducting the qualifying examination, the marks obtained at such qualifying examination may be taken into consideration;
(2) In States, having more than one university/board/examining body conducting the qualifying examination (or where there is more than one medical college under the administrative control of one authority) a competitive entrance examination should be held so as to achieve a uniform evaluation as there may be variation of standard at qualifying examination conducted by different agencies;
(3) Where there are more than one college in a State and only one University/board conducting the qualifying examination, then a joint selection board be constituted for all the colleges;
(4) A competitive entrance examination is absolutely necessary in the cases of Institutions of All India character;
(5) To be eligible for competitive entrance examination, the candidate must have passed any of the qualifying examinatio
