Judgment

MOHAN J. - Leave granted in SLP filed by Indian Medical Council, Jabalpur.

2. All these appeals are dealt with under a common judgment since they arise out of the same judgment passed in Misc. Petition No.4420 of 1991 by the Madhya Pradesh High Court, Jabalpur Bench.

3. One Dr. S. K. Nelson, father of respondent 1 was serving in Madhya Pradesh State Public Health in the Department of Surgery in the Medical College at Jabalpur. His wife, Dr. (Mrs.) Shobha Nelson was also working as a Lecturer in the Department of Obstetrics and Gynaecology in Medical College, in a purely temporary capacity.

4. Dr. Nelson applied for foreign assignment. He was selected for the same. Therefore, a request was made by the Government of India (Department of Personnel and Administrative Reforms) vide its letter dated 2nd of January, 1975 requesting the State Government to spare the services of Dr. S. K. Nelson for foreign assignment with Zanzibar Government. The Under Secretary to the Government of Madhya Pradesh, Department of Public Health and Family Planning replied on 15-4-1975 that it was not possible for the State Government to spare his services. However, Dr. Nelson proceeded on two months vacation with effect from 1-5-75. He wrote a letter to the Dean of Medical College, Jabalpur that he was proceeding on long leave owing to unavoidable family circumstances. Even after the expiry of the period of leave he did not rejoin the post. His request for further extension of leave was rejected. Notwithstanding the same Dr. Nelson and his wife proceeded to Tanzania and the first respondent, Silas Nelson, also accompanied them.

5. It also requires to be mentioned in passing that a request was made to the Government of Madhya Pradesh to spare the services of Dr. Shobha Nelson. It was pointed out by the State Government that she being a temporary servant she had no lien and she will have to resign the State service before joining her duties in Zanzibar. She also absented unauthorisedly and proceeded to Tanzania along with her husband. The first respondent claimed to have passed G.C.E. O level as well as A level examinations from the University of London conducted by the Education Council of the Government at Dar-es-Salam in Tanzania. He also claimed that he had obtained credits in A level in three subjects i.e. Biology, Physics and Chemistry and O level in six subjects i. e. Biology, Chemistry, English Language, English Literature, Mathematics and Physics. On this basis he claimed that he was entitled to admission in any Medical College in India. According to him these examinations are considered to be equivalent qualifying examinations and pre-requisite for admission to any Medical College. It was also stated that Rani Durgawati University of Jabalpur had given an equivalance certificate. He obtained admission in Muhmbill Medical College in the Faculty of Medicine, which is affiliated to the University of Dar-es-Salam, in the year 1989. He had completed one year at the same College and University. Thereafter he was pursuing his study in the second year. Having regard to fact that he had studied the subjects in Anatomy, Physiology, Biochemistry, Preventive and Social Medicine including Behavioural Science and Biostatistics, Medical Psychology and Developmental Studies and Medical Surgery, he had undergone a wider course. Therefore, according to him, he possesses the eligibility criteria for admission to the MBBS Degree Course at Jabalpur.

6. A request was made by the father of the first respondent to nominate the first respondent to MBBS Course directly under Central Government quota. This request related not only to the first respondent but also his sister. However, the Central Government advised Dr. Nelson to approach the Medical Council of India and the concerned University in Jabalpur seeking their concurrence to the migration of his two children from the University of Dar-es-Salam, Tanzania to Medical College in Jabalpur.

7. On 20th December, 1989,