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2009 Supreme(Raj) 2240

AJAY RASTOGI, RAGHUVENDRA S.RATHORE
Director, Gitanjali Medical Collage – Appellant
Versus
State – Respondent


For the Appellant:Mr. Uday U. Lalit & Mr. S.M.Mehta, Sr. Advocates with Ms Naina Saraf, Sarva Shri Sri Ram Yadav, Banwari Sharma; & Mr. Ashok Gaur, Advocates.
For the State:Mr. SN Kumawat, Addl. Advocate General.
For the University of Health Science:Mr. NK Joshi, & Mr. RA Katta, Advocates.
For the Respondent MCI:Mr. Angad Mirdha, Advocate.
For the Respondent:Mr. Rajendra Soni and Mr. PC. Sharma, Advocates.

JUDGMENT

1. :- Since all these special appeals arise out of common order dated 18/03/2009 passed by learned Single Judge in CWP- 10858/2008 whereby admissions in MBBS course for academic year 2008-09 against 85% of intake 150 seats were declared illegal, hence at joint request, were heard together and are being disposed of at admission stage.

2. Core issue raised before learned Single Judge for consideration was as to whether admission in MBBS course for academic session 2008-09 in a private unaided professional medical college made on the basis of qualifying examination(10+2) is permissible and what will be the effect of Reg.4.2(2) of Medical Council of India Regulations on Medical Education, 1997 ("MCI Regulation"), which clearly specifies that in a State where there are more than one University/Board/ examining body conducting examination (or where there is more than one medical college) for qualifying examination (10+2), competitive/common Entrance Test (CET) should be held to achieve a uniform evaluation as there may be variation of standards at qualifying (10+2) examination conducted by different education agencies; and how far, admissions to MBBS course in present private una
























































































































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