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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 5518-5519  OF 2008 (@SPECIAL LEAVE PETITION (CIVIL)NOS.17990-17991 OF 2008)

MONIKA RANKA & ORS.                              Appellant(s)

                     VERSUS

MEDICAL COUNCIL OF INDIA & ORS.                  Respondent(s)

WITH  CIVIL APEAL NOS.5520-5521 OF 2008 (@ SLP(C)NOS.17995-17996 OF 2008)

O R D E R

No orders  on the  application  for  impleadment  and  deletion  of  the

name of respondent.

Exemption from filing O.T. is allowed.

Leave granted.

The  appellants  in  these  appeals  are  admitted  into  the  1st year

M.B.B.S.Course  in  2006-2007  in  R.D.Gardi  Medical  College,  Ujjain.   The

appellants have joined the said course and have appeared for the 1st year

M.B.B.S.Course examination.  Meanwhile, the Medical Council  of India has

sought information from the college regarding the eligibility of the students

admitted to this course and it was found that about 20 students who had

scored 50% and above marks in the 10+2 examination had not secured 50%

marks in the entrance examination conducted by the Association of Private

Dental and Medical Colleges of Madhya Pradesh.   The    appellants herein

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contended that they

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were under the impression that they had acquired the requisite marks and

the marks secured  by them in  the entrance examination were  not  made

known to them at the time of admission and, therefore, they are not to be

blamed for the irregular admission, if any, had taken place.  The High Court

considered this aspect and held that the admission of these students was

illegal  and  irregular  and  their  studies  were  directed  to  be  terminated.

Aggrieved by the  same, the present appeals were filed.   

Heard learned senior counsel for the appellants and learned Additional

Solicitor General for Medical Council of India.

In the Regulation published it was stated that the candidates should

have secured more than 50% marks in the entrance examination. There is

nothing on record to show that these appellants were informed of the marks

secured by them in the entrance examination.   As these appellants have

already completed one year of their  course,  equities  are in favour of  the

appellants. But however,  we maintain the judgment of the High Court,  as

regards the principle laid down, but we direct that these appellants may be

allowed to continue their M.B.B.S.Course as a special case and their results

of  the  1st year  M.B.B.S.Course  may  also  be  declared  so  that  they  may

continue with their studies.

The management of the R.D.Gardi Medical college was not justified in

giving admission to these students.  Certainly, they must be aware of the

fact  that  the  candidates  should  have  secured  at  least  50%  marks  in  the

entrance examination but the

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learned senior counsel  appearing for the college says that they were not

aware of the marks secured by these candidates as the entrance examination

was held by a different association as the marks were not furnished to them

by the  association.   However,  as  the admission is  found to be irregular,

equal number of students shall be reduced from the management quota for

the year 2009-10.

The appeals are disposed of accordingly.  No costs.

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

.................J.     (J.M. PANCHAL)

NEW DELHI; 4TH SEPTEMBER, 2008.