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 eligibility in the MBBS course.

ORDER VIVEK RUSIA, J. : – The petitioner has filed the present petition against the action of respondent No. 3 whereby he has been denied admission in M.B.B.S. Course for want of necessary educational qualification.

2. After passing the Higher Secondary School from Madhya Pradesh Board of Secondary Education, the petitioner appeared in the National Eligibility Cum Entrance Test (UG) 2021 i.e. NEET 2021. Admit card was issued to the petitioner and he appeared in the examination and scored 400 marks out of 720. The petitioner being a student of the SC category, participated in the first round of counselling for admission in the Government Medical college. The petitioner has been allotted Gandhi Medical College, Bhopal to pursue the undergraduate Course of M.B.B.S. He was called with original documents for its verification. According to the petitioner, since he did not opt for Biology as one of the subjects in the 11th Standard examination, respondent No. 3 has been denied admission. Hence this writ petition

3. According to the petitioner, he has passed Higher Secondary School Certificate Examination which is a qualifying examination in Physics, Chemistry and Biology as the main subjects, hence he has wrongly been denied admission despite securing rank in NEET examination. Shri Saran learned counsel for the petitioner submits that for admission in MBBS and BDS Courses the qualification which is prescribed under Code No. 2 Chapter VI of Eligibility and Qualification for MBBS is Higher Secondary School Certificate Examination in Biology, Physics, Chemistry and English as main subjects which the petitioner possesses, therefore, the action of the respondent No. 3 is contrary to the Code No. 1 clause 4.4 as provided in Information Bulletin for admission Undergraduate Medical Course.

4. Shri Saran learned counsel for the petitioner further submits that the respondents are wrongly applying Code No. 2 in the case of the petitioner whereas his case falls under Code No. 1 and according to which candidates who have appeared or are appearing at the qualifying examination with English, Physics, Chemistry and Biology as the main subject and expect to pass the examination with the required percentage of marks are also eligible to apply and appear in the Competitive Entrance Examination. For the petitioner the qualification examination is class 12th therefore, under code No. 1 is entitled to get admission.

5. Shri P. M. Bhargav, learned Addl. A. G. submits that the petitioner has passed the High School Examination i.e. 11th class without the Biology subject. He opted for the Biology subject only in class 12th and appeared Higher Secondary School Certificate examination 2020 conducted by the Board of Secondary Madhya Pradesh The case of the petitioner falls under code No. 2 of the qualification and qualifying examination code which says that the Higher/Senior Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher/Senior Secondary Examination after a period of 12 years of study, the last two years of such study comprising of Physics, Chemistry, Biology/Bio-technology. The petitioner has not filed a complete copy of the qualification and qualifying examination code in which at page No. 17 of Information Bulletin for admission Undergraduate Medical Course the note is appended and according to which any interpretation regarding the requirement of Biology/Biological Sciences as one of the subjects of the Qualifying Examination for NEET (UG) will be subjected to Regulation No. 4(1) of the Graduate Medical Education Regulations (1997) as amended up to 2018 and the Judgment dated 16th February, 2021 of Hon’ble Supreme Court of India in Civil Appeal No. 390 of 2021.

6. Learned Additional Advocate General has produced the Medical Council of India Regulation on Graduate Medical Education, 1997 in which clause 4 of Chapter 2 deals with the eligibility criteria for admission in the medical course. According to wh