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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Aayushi Dineshbhai Prajapati – Appellant
Versus
Union of India – Respondent
JUDGMENT
CM APPLs. 24012-13/2023 (Exemption)
Allowed, subject to all just exceptions.
LPA 422/2023 & CM APPLs. 24010-11/2023
1. Aggrieved by the Judgment dated 02.02.2023 passed by the learned Single Judge in W.P.(C) 13982/2022 dismissing the writ petition, the Appellant has filed the instant LPA.
2. Shorn of unnecessary details, facts leading to the filing of the instant LPA reads as under:
a) The Appellant took the Higher Secondary Certificate Examination (12th Examination) from the Gujarat Secondary & High Secondary Examination Board, Gandhinagar with Physics, Chemistry and Mathematics as her primary subjects and cleared the same with 54.44% marks in March, 2013.
b) After about an year i.e., in April 2014, the Appellant enrolled herself in the National Institute of Open Schooling (hereinafter referred to as `NIOS') with Physics, Chemistry and Biology as her subjects and cleared her 12th standard examination. Though, the Appellant enrolled in NIOS in the month of April, 2014, she obtained passing certificate in the month of November, 2014 i.e., after a period of 7 months.
c) In the year 2015, the Appellant applied for studying MBBS/MD physician course in Ukraine for the session 2015-
The central legal point established in the judgment is the interpretation and application of the eligibility criteria for obtaining an Eligibility Certificate to take the Foreign Medical Graduates Ex....
The main legal point established in the judgment is that the requirement of studying 'Biology' for two years at the Senior Secondary Level is mandatory for eligibility for MBBS admission, based on th....
Admission to MBBS Course – There is a rationale and compelling logic on part of University to say that candidate should have studied biology or biological sciences (apart from other two science subje....
The court established that obtaining an eligibility certificate before enrolling in a foreign medical institution is a statutory requirement that cannot be remedied post-facto.
The central legal point established in the judgment is the emphasis on the requirement of studying Biology or Biological Sciences at the 10+2 level, along with Physics, Chemistry, and English, for el....
Misstatements and suppression in the application form rendered the petitioner ineligible for the Eligibility Certificate and subsequently, for the FMGE.
Eligibility for medical admission no longer mandates Biology in Class 11th if completed in Class 12th as an additional subject, altering previous regulatory requirements.
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