K. Sreedhar Rao, Actg. C.J.

1. The Indian Medical Council has formulated the Regulations on Graduate Medical Education, 1997. The Regulation 4 in Chapter-II prescribes the following eligibility criteria for admission into medical courses:

"4. Admission to the Medical Course - Eligibility Criteria:

No Candidates shall be allowed to be admitted to the Medical Curriculum of first Bachelor of Medicine and Bachelor of Surgery (MBBS) Course until:

1. He/She shall complete the age of 17 years on or before 31st December, of the year admission to the MBBS course.

(1. Substituted vide notification dated 29.05.1999 )

2. He/She has passed qualifying examination as under:-

a. The higher secondary examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher Secondary Examination after a period of 12 years study, the last two years of study comprising of physics, Chemistry, Biology and Mathematics or any other elective subjects with English at a level not less than core course of English as prescribed by the National Council of Educational Research and Training after the introduction of the 10+2+3 years educational structure as recommended by the National Committee on education.

Note: Where the course content is not as prescribed for 10+2 education structure of the National Committee, the candidates will have to undergo a period of one year pre-professional training before admission to the Medical colleges;

Or

b. The intermediate examination in science of an Indian University/Board or other recognized examining body with Physics, Chemistry and Biology which shall include a practical test in these subjects and also English as a compulsory subject.

Or

c. The pre-professional/pre-medical examination with Physics, Chemistry and Biology, after passing either the higher secondary school examination, or the pre-university so an equivalent Examination. The pre-professional/pre-medical examination shall include a practical test in Physics, Chemistry and Biology and also English as a compulsory subject.

Or

d. The first year of the three years degree course of a recognized university, with Physics, chemistry and Biology including a practical test in three subjects provided the examination is a "University Examination" and candidate has passed 10+2 with English at a level not less man a core course.

Or

e. B.Sc. examination of an Indian University, provided that he/she has passed the B.Sc. examination with not less than two of the following subjects Physics, Chemistry, Biology (Botany, Zoology) and further that he/she has passed the earlier qualifying examination with the following subjects - Physics, Chemistry, Biology and English.

Or

Any other examination which, in scope and standard is found to be equivalent to the intermediate science examination of an Indian University/Board, taking Physics, Chemistry and Biology including practical test in each of these subjects and English."

The Supreme Court, in Medical Council of India Vs. State of Karnataka & Ors., reported in (1998) 6 SCC 131, has laid down some guidelines and the said guidelines have statutory force. The Government of Assam has issued a notification, dated 25-04-2007, bringing into effect the Medical Colleges of Assam, Regional Dental College, Guwahati and Government Ayurvedic College, Guwahati (Regulation of Admission of Under-Graduate Students) Rules, 2007 (in short, 2007 Rules'), incorporating additional conditions/qualifications for the eligibility of admission in medical courses. Rule 3(6) of the 2007 Rules, which is the bone of contention in this case, reads as follows:

"3(6) Candidate's age should not be below 17 years and above 24 years of age on the 31st day of December of the year in which the admission is sought for:

Provided that the maximum age limit is relaxable by 3 years in case of candidates belonging to the Schedule Castes or Scheduled Tribes, OBC and MOBC."

2. The petitioner tantalizingly has missed the admission on account of the cut off bench mark of the