S. Ravindra Bhat, J. (Open Court)

1. This writ petition calls for resolution of a challenging paradox. On the one hand is the claim of the petitioner, a candidate declared to be merited./tanked 1600 in the common entrance examination held for admission to the first. year MBBS course in the 15% All India Quota, conducted by the respondent Central Board of Secondary Education (hereafter "CBSE"). The Medical Council of India (hereafter "the MCI") and the Union of India on the other, deny his candidature on the ground that he does not fulfil the eligibility criteria prescribed, of having undergone the requisite period of study in Biology. Placed in the backdrop of the acute pressure on the limited number of vacancies available in the All India Quota (2400), the dispute raises difficult and disturbing issues involving interpretation of what constitutes "merit".

2. The facts leading to the present dispute are few, and largely undisputed. The petitioner finished his Senior Secondary Examination, in 2002, having succesfully appeared in the Rajasthan Board of Secondary Education, after studying his 10+2 in the Seth Sr Dugar Senior Secondary School, Sardarshahar, with Physics, Chemistry, Mathematics, Hindi and English. He had also appeared in an additional subject, Computer Science. A copy of the certificate issued by the Rajasthan Board was issued on 29th April, 2002. The petitioner appeared in another examination later and passed in Biology. A copy of the certificate issued by the Rajasthan Board, dated 27/8/2002 has been produced.

3. The CBSE conducts the All India Pre-Medical! Pre-Dental Entrance Examinations, for the purpose of filling the All India quota seats. The petitioner submitted his application on 5-11-2005; on the basis of the information supplied by him, the CBSE permitted him to appear in the examination, held on 2-4-2006 (being the preliminary examination) and on 14th May, 2006 (the final examination). As per his performance, the petitioner was ranked 1600 in the results declared by the CBSE. The procedure prescribed by the CBSE includes two rounds of "counselling" where students are, on the basis of ranking, offered the choice of available seats in different institutions. The petitioner reported for counseling on 2-7 "2006. He was informed that no seat could be offered, as he did not fulfil the eligibility criteria of having studied Biology for two years in the 10+2 of the Senior Secondary stage of education. He approached the Rajasthan High . Court, but eventually, on 2-8-2006, withdrew that writ petition, and preferred these writ proceedings. He claims a direction to the respondents, to permit him to participate in counselling, and offer him a seat in the All India quota.

4. The petition was heard for the first time on 7th August, 2006; it was submitted on that day that the last round of counselling was scheduled the next date. An ad-interim direction was issued to the Central Government, which was represented through counsel, on advance notice, to permit the petitioner to participate in the counseling, and in the event of his being found succesful, offer him a seat, subject to outcome of the proceedings. The respondents were also directed to keep a stand-by candidate who could be offered the seat in the eventuality of the petitioner not succeding in the proceedings.

5. The MCI was impleaded in these proceedings. They appeared later, and were heard. The MCI, CBSE as well as the Central Government filed their respective returns.

6. The stand of the MCI and the Central Government is that by virtue of Section 33 of the Indian Medical Council Act, Regulations on Graduate Medical Examination being Medical Council of India Regulations on Graduate Medical Education, 1997 were framed; they are binding and mandatory. It is averred that Regulation 4, inter alia, prescribes the minimum eligibility criteria for admission to First Bachelor of Medicine and Bachelor of surgery (MBBS) course. As per the provision every candidate should

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