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
contended that they
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
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.