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2003 Supreme(SC) 902

R.C.LAHOTI, ASHOK BHAN
Harish Verma – Appellant
Versus
Ajay Srivastava – Respondent


JUDGMENT

R.C. Lahoti, J.-Leave granted in SLP (C) Nos. 4965/03 and 14367-91/03.

2. In exercise of the powers conferred by Section 33 read with Section 20 of the Indian Medical Council Act, 1956, the Medical Council of India has, with the previous sanction of the Central Government, made the regulations called "the Post Graduate Medical Education Regulations 2000" (hereinafter the Regulations, for short). Regulation 9, relevant for our purpose, provides as under :-

9. Selection of Postgraduate Students

(1) Students for postgraduate medical courses shall be selected strictly on the basis of their academic merit.

(2) For determining the academic merit, the university/institution may adopt any one of the following procedures both for degree and diploma courses :-

(i) On the basis of merit as determined by a competitive test conducted by the State Government or by the Competent authority appointed by the State Government or by the university/group of universities in the same State; or

(ii) On the basis of merit as determined by a centralized competitive test held at the national level; or

(iii) On the basi

































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