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PETITIONER: HARSH PRATAP SISODIA

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT:       05/02/1999

BENCH: V.N.Khare, M.Srinivasan

JUDGMENT:

D E R

     The  petitioner  passed his  Intermediate  Examination conducted  by  the  Board of High  School  and  Intermediate Education,  U.P.  and subsequently appeared in the All India Pre-Medical/Pre-Dental Entrance Examination conducted by the Central  Board  of  Secondary   Education.   The  petitioner qualified  in the entrance examination and was informed vide communication  dated  10-7-1998 that allotments  to  medical colleges  would be made by the Directorate General of Health Services.   Later  on,  the petitioner was informed  by  the Assistant  Director  General, Health Services  on  14-9-1998 that  he  had been allotted a seat for admission to MBBS  at Dr.   V.M.  Medical College, Solapur.  On being  approached, the College, however, on 28-9-1998, refused admission to the petitioner.    The   Assistant   Director  General,   Health Services,  on being so apprised by the petitioner, wrote  to the  Medical College at Solapur on 7-10-1998, advising  them to  admit  the petitioner who had qualified in the  entrance test  against  15% All India Quota.  The  College,  however, expressed its inability to do so on 13th October, 1998.  The request of the petitioner to the Assistant Director General, Health Services to secure him admission in any other College also bore no fruit.  The petitioner thereupon has filed this writ petition.  While counters have been filed by respondent Nos.   1  and  2, respondent Nos.  3, 4 and 5,  namely,  the State  of Maharashtra, the Directorate of Medical  Education and Research, Mumbai and Dr.  V.M.  Medical College, Solapur have not filed their counters or response till date in spite of  opportunities granted to them for the purpose.  We  have heard  learned counsel for the parties.  The Dean, Dr.  V.M. Medical  College,  respondent  No.  5 refused to  admit  the petitioner,  who  had  qualified in the  entrance  test  for admission  against the 15% All India Quota.  The reasons for refusal  are contained in the communication dated  28-9-1998 from  the  Dean  to the Asstt.  Director General  of  Health Services.   The relevant portion of the letter reads thus  : .   Mr.   Sisodia had passed Intermediate Examination  of U.P.   Board  in  the  year   July,  1993  without  Biology. Subsequently,  he  had  passed  Biology as  his  subject  at intermediate  Board  in the year July, 1994 and  secured  56 marks.

     As  per  rules existing in this State, incumbent  must have passed H.S.C.  or equivalent exam.  in one and the same attempt.  Please refer Rule 4.4 for eligibility for the MBBS

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admission.   This  incumbent does not fulfil  the  condition prescribed under the Rule for eligibility

     The  eligibility criteria for admission to the medical colleges, throughout the country, under 15% All India Quota, as  stipulated by Rule 4.4 of CBSE (information bulletin  of 1998)  does  not show that there is any such requirement  as was  being  raised by the Dean of the Medical  College  i.e. that  the  candidate  must  have   passed  H.S.C.   or   its equivalent  exam  in  one  and   the  same  attempt.   The petitioner  had passed his intermediate examination in first division.   Later  on he also passed the Biology subject  in 1994.   The  petitioner,  thus, satisfied  the  requirements prescribed  by  Code 02 of Rule 4.4 (iii) of the  All  India Pre-Medical Examination Rules.  The condition imposed by the Maharashtra  State,  for passing the qualifying  examination in one and the same attempt can have no application to the      candidates who qualify the entrance examination against 15% All India Quota and are college.  allotted a seat in the MBBS against that quota to a medical It is not disputed that the  criteria  of eligibility for allotment of seat to  MBBS against  15%  All India Quota has been fixed by the CBSE  in consultation  with  the  Medical Council of  India  under  a modified  scheme approved by this Court.  Under that  scheme the States and Colleges, cannot insist upon, satisfaction of the  State requirements as a condition to grant  admission to  the  allottees  against  15% All India  Quota.   It  is, therefore,  not  open  to any State to  fix  any  additional eligibility  criteria in cases of candidates who fall  under 15%  All India Quota.  The eligibility criteria having  been approved  by this Court it could not be ignored by the Dean, Medical  College,  Solapur.  The denial of admission to  the petitioner   was  thus  wholly   illegal  and   unjustified. Consequently,  this  writ petition succeeds and is  allowed. The  Dean,  V.M.   Medical   College,  Solapur  is,  hereby, directed  to grant admission to the petitioner in the  First Year  of  M.B.B.S.   course  under   15%  All  India   Quota forthwith.   Since,  the  petitioner  was kept  out  of  the College,  on  wholly unjustified and illegal grounds, it  is obvious  that he would not be able to make up the attendance criteria,  if the attendance is to be counted from the  date when   the   session  started.    It,   therefore,   appears appropriate  to us to direct that the attendance in the case of  the petitioner, should be counted from the date when the admission  is  granted  to him pursuant  to  the  directions hereinabove  made,  by  the   Medical  College,  Solapur  to consider  his eligibility for appearing in the  examination. Writ  Petition is, accordingly, allowed but with no order as to costs.