2011 Supreme(SC) 196

2011 (2) Supreme 285
SUPREME COURT OF INDIA
R.V. Raveendran and A. K. Patnaik, JJ.
Chowdhury Navin Hemabhai & Ors. — Appellants
versus
The State of Gujarat & Ors. — Respondents
Civil Appeal No. 1925 of 2011
Decided on : 18-2-2011

Headnote:Constitution of India,1950-Article 142-”The Regulations on Graduate Medical Education, 1997-Appeal filed by appellants belonging to Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes challenging the judgment of High Court refusing to quash the communication of the Medical Council of India for discharging them from the MBBS course to which they had been admitted- As the State Rules had prescribed a qualification standard which was less than that of MCI, seven appellants, who took the Gujarat common entrance test for the academic year 2008-2009, got selected on the basis of their merit for the seats in the MBBS course reserved for the Scheduled Castes, Scheduled Tribes and Other Backward Classes and got admitted in the college even though they had not secured 40% marks in Physics, Chemistry and Biology in Gujarat common entrance test- The qualification requirements prescribed by the State cannot be lower than those prescribed by the MCI- Therefore, in law, the order of High Court was right- This was, a clear case where the admissions of seven appellants took place due to the fault of the rule-making authority in not making the State Rules, 2008 in conformity of MCI Regulations- For this fault of the rule-making authority if the appellants are discharged from the MBBS course, they would suffer grave injustice- On the peculiar facts of the case, held that this was a fit case for Court to exercise its power under Article 142 of the Constitution to do complete justice between parties-Directiion given that the admissions of the appellants to MBBS course in the college during the academic year 2008-2009 would not be disturbed –Appeals disposed off (Paras 11 to 14)

       Facts of the Case :

        Present Appeal has been filed by appellants belonging to Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes Challenging the judgment of High Court refusing to quash the communication of the Medical Council of India for discharging them from the MBBS course to which they had been admitted.

       Findings of the Court :

        On a comparison of the minimum criteria for admission to the MBBS course laid down in the MCI Regulations and the State Rules 2008, it was found that both MCI Regulations and State Rules, 2008 insisted that a candidate must have obtained 40% marks in the Physics, Chemistry and Biology in qualifying examination. The only difference between MCI Regulations and the State Rules, 2008 was that while the MCI Regulations required the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes to secure in the competitive entrance examination for admission 40% marks in the Physics, Chemistry and Biology taken together, the State Rules, 2008 did not contain such a requirement. But as the State Rules had prescribed a qualification standard which was less than that of MCI, seven appellants, who took the Gujarat common entrance test for the academic year 2008-2009, got selected on the basis of their merit for the seats in the MBBS course reserved for the Scheduled Castes, Scheduled Tribes and Other Backward Classes and got admitted in the college even though they had not secured 40% marks in Physics, Chemistry and Biology in Gujarat common entrance test. The qualification requirements prescribed by the State cannot be lower than those prescribed by the MCI. Therefore, in law, the order of High Court was right. This was, however, a clear case where the admissions of seven appellants took place due to the fault of the rule-making authority in not making the State Rules, 2008 in conformity of MCI Regulations. For this fault of the rule-making authority if the appellants are discharged from the MBBS course, they would suffer grave injustice. On the peculiar facts of the case, held that this was a fit case for Court to exercise its power under Article 142 of the Constitution to do complete justice between parties.Directiion given that the admissions of the appellants to MBBS course in the college during the academic year 2008-2009 would not be disturbed. Appeals were disposed of