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 the eligibility criteria provided in the Regulations and the information bulletin.

ORDER :

1. This appeal is directed against order dated 18.05.2022 passed by Ld. Single Judge whereby the appellant’s petition seeking a direction to allow him to join the MBBS course in Government Medical College, Kota in pursuance of allotment letter and second round of counseling, has been dismissed.

2. Quint-essential facts necessary for adjudication of controversy involved in the present appeal are that the appellant participated in National Entrance-cum-Eligibility Test, U.G. 2021 (hereinafter read as “NEET UG 2021”) and secured 637 marks. Appellant secured All India Rank at Sr. No.6610. Thereafter, the appellant was permitted to appear in the counseling process for admission and in the first round of counseling, he was allotted Government Medical College, Pali where he submitted all his certificates, documents & credentials. As pleaded in the petition, in the second round of counseling, the appellant was allotted Government Medical College, Kota, by way of up-gradation whereafter he deposited the requisite fee in the Government Medical College, Kota.

3. However, the Principal, Government Medical College, Kota did not allow him to join. Vide his letter dated 14.03.2022 addressed to the Chairman, NEET U.G. State Counseling Board, Principal sought appropriate direction and guidance regarding appellant-writ petitioner’s eligibility by highlighting that the appellant had studied 'Biology' in 12th Class alone and therefore, as per the eligibility criteria stated in the information booklet, he was not eligible for admission. A reminder was sent to him on 15.03.2022 again highlighting that 'Biology' subject was not listed as a subject in the mark-sheet of Class 11th whereas the eligibility criteria required study for two years in the subject of 'Biology'. As the appellant was denied admission, he approached this Court by filing writ petition on the ground that the appellant-writ petitioner had a brilliant academic record and he passed Class 11th examination with core subjects of Physics, Chemistry and in the electives he had studied and passed in the subjects of Mathematics and Hindi. In the Senior Secondary Examination, 2020, the appellant-writ petitioner had opted Hindi and English as compulsory subjects whereas he had taken Physics, Chemistry and Biology as optional subject and as an additional he had also taken Mathematics. He passed in Senior Secondary Examination. On such factual assertion, the appellant-writ petitioner claimed that since he had studied 'Biology' as an optional subject in 12th Class, he was entitled to be declared eligible even if he had not taken ‘Biology’ as a compulsory or optional subject in 11th Class.

4. The relief sought in the writ petition was opposed by the respondents mainly on the ground that the eligibility criteria clearly stated that in order to be eligible, a candidate must have studied 'Biology' in both 11th and 12th Class. The appellant-writ petitioner having taken 'Biology' as subject only in Class 12th and not in Class 11th, he was not eligible.

5. Ld. Single Judge by impugned order held that among other requirements, last two years of study at the Senior Secondary Level requires study in the subject of 'Biology' and as the appellant-writ petitioner had studied and passed in 'Biology' only in 12th class, he was not eligible.

6. Aggrieved by the said order, this appeal has been preferred.

7. Learned counsel for the appellant-writ petitioner contended before us that eligibility criteria as prescribed in the information booklet was under judicial scrutiny in various decisions. In the case of Tanishq Gangwar & Others Versus Union of India & Others, W.P. (C) 6773/2018, the regulations insofar as it required 'Biology' as compulsory subject through regular course to study was declared arbitrary and unconstitutional by Delhi High Court and therefore, the advertisement clearly provided that the candidates, who have passed 10+2 level with 'Biology' as additional subject will also be eligible for MBBS e