CHOWDHURY NAVIN HEMABHAI & ORS. versus THE STATE OF GUJARAT & ORS.

Citation: [2011] 2 S.C.R. 1071 · Decided: 18-02-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Disposed off
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Judgment (excerpt)

[2011] 2 S.C.R. 1071 
CHOWDHURY NAVIN HEMABHAI & ORS. 
V. 
THE STATE OF GUJARAT & ORS. 
(Civil Appeal No. 1925 of 2011) 
FEBRUARY 18, 2011 
[R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.J 
Education/ Educational Institutions: 
A 
B 
Gujarat Professional Medical Educational Colleges or c 
Institutions (Regulation of Admission and Payment of Fees) 
Rules, 2008 - rr. 5 and 12 - Admission - Candidates 
belonging to the SC, ST and OBC, securing less than 40% 
marks in Physics, Chemistry and Biology in the common 
entrance test to MBBS Course for 2008-2009 - Admission 
0 
of students to MBBS Course on basis of their merit -
Communication of Medical Council of India to discharge 
students from MBBS course since they were not eligible for 
admission in the MBBS course as per MCI Regulations -
Cancellation of admission - However, students allowed to 
E 
appear in the exam subject to final decision of MCI - Writ 
petition - High Court refusing to quash the communication 
of MCI - On appeal held: MCI Regulations require the 
candidates belonging to the SC, ST and OBC to secure in 
the competitive entrance examination for admission 40% 
marks in the Physics, Chemistry and Biology taken together 
F 
whereas the State Rules, 2008 had prescribed a qualification 
standard which was less than that of MCI - Qualification 
requirements prescribed by the State cannot be lower than 
those prescribed by the MCI - Admissions of the candidates 
took place due to the fault of the rule-making authority in not G 
making the State Rules, 2008 in -conformity of the MCI 
Regulations -Candidates cannot to be blamed for having 
secured admission in the MBBS course - They were selected 
on basis of their merit and admitted into the MBBS course in 
1071 
H 
1072 
SUPREME COURT REPORTS 
[2011} 2 S.C.R. 
A accordance with the State Rules, 2008''8nd have pursued 
their studies for a year -
In the interest of justice, the 
admissions of the appellants to the MBBS course in the 
college for 2008-2009 not to be disturbed - Regulations on 
Graduate ·Medical Education, 1997 - Clause 5(ii). 
B 
The appellants belong to Scheduled Castes, 
Scheduled Tribes and Socially and Education~ly 
Backward Classes. They secured 40% marks in the 
qualifying examination in Physics, Chemistry and 
Biology. The appellants appeared in the common 
C entrance test for admission to MBBS course conducted 
for Gujarat for 2008-2009, but secured less than 40% 
marks in Physics, Chemistry and Biology in the common 
entrance test. On basis of their merit, they were admitted 
to the MBBS course. The MCI sent a communication to 
D the Colleges to discharge the appellants and as they had 
secured less than 40% marks in Physics, Chemistry and 
Biology in the common entrance test and were not 
eligible for admission in the MBBS course as per the MCI 
Regulations. Thereafter, the admission of the appellants 
E was cancelled. However, on the request of the appellants, 
they were permitted to appear in the preliminary 
' examination for First MBBS subject to the final decision 
of the MCI. The appellants filed a writ petition. The 
Division Bench of the High Court dismissed the writ 
F petition, refusing to quash the communication of the 
Medical Council of India for discharging them from the 
MBBS course to which they had been admitted. 
Therefore, the appellants filed the instant appeal. 
G 
H 
Disposing of the appeal, the Court 
HELD: 1.1 On a comparison of the minimum criteria 
for admission to the MBBS course lald down In the 
Regulations on Graduate Medical Education, 1977 and 
the Gujarat Professional Medical Educational Colleges or 
CHOWDHURY NAVIN HEMABHAI & ORS. v. STATE 1073 
OF GUJARAT & ORS. 
Institutions (Regulation of Admission and Payment of A 
Fees) Rules, 2008, it is found that both the MCI 
Regulations and State Rules, 2008 insist that a candidate 
must have obtained 40% marks in the Physics, Chemistry 
and Biology in the qualifying examination. The only 
difference between the MCI Regulations and the State 
B 
Rules, 2008 is that while the MCI Regulations require the 
candidates belonging to the Scheduled Castes, 
Scheduled Tribes and Other Backward Classes to secure 
in the competitive entrance examination for admission 
40% marks in the Physics, Chemistry and Biology taken c 
together, the State Rules, 2008 do not contain such a 
requirement. Under the State Rules, 2008 candidates 
belonging to the Scheduled Castes, Scheduled Tribes 
and Socially and Educationally Backward Class
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