HARSH PRATAP SISODIA versus UNION OF INDIA AND ORS.

Citation: [1999] 1 S.C.R. 466 · Decided: 05-02-1999 · Supreme Court of India · Bench: A.S. ANAND, V.N. KHARE, M. SRINIVASAN · Disposal: Case Allowed
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Judgment (excerpt)

A 
HARSH PRATAP SISODIA 
v. 
UNION OF INDIA AND ORS. 
FEBRUARY 5, 1999 
B 
[DR. A.S. ANAND CJ. V.N. KJ:IARE AND M. SRINIVASAN, JJ.) 
All India Pre-Medical Examination Rules : Code 02 of Rule 4.4 (iii). 
Medical Admission-All India Pre-medical/Pre-dental entrance ex-
c 
amination-Eligibility criteria for admission-Under 15% All India 
quota-f'etii'ioner passed his inter-mediate examination-Later on he also 
passed his biology subject-He passed in the All India Entrance Examination 
conducted by C.B.S.E.-Allotted a seat for admission to M.B.B.S. in a 
Medical College in Maharashtra State-Denied admission on the ground that 
incumbent must have passed H.S.C. or equivalent exam. in one and the same 
D attempt-As he had passed intennediate examination without biology and 
then passed biology as a subject he was not eligible for admission as per rule 
existing in the State-Writ-Hel~The eligibility criteria for admission to the 
medical colleges, throughout the country, under 15% All India Quota does 
not show that the candidate must have passed H.S.C. or its equivalent exam 
'in one and the same attempt'-The condition imposed by the Maharashtra 
E State, for passing the qualifying examination 'in one and the same attempt' 
can have no application to the candidates who qualify the entrance examina-
tion against 15% All India Quota-Criteria of eligibility for allotment of seat 
to M.B.B.S. against 15% All India Quota has been fixed by the C.B.S.E. in 
consultation with the Medical Council of India under a modified scheme 
approved by this Court-State cannot fix any additional eligibility criteria in 
F cases of candidates who fall under 15% All India Quota-Direction for 
admission of petitioner against 15% All India Quota issued. 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 588 of 
1998. 
G 
(Under Article 32 of the Constitution of India) 
Shree pal Singh for the Petitioner. 
D.M. Nargolkar for the Respondent. 
H 
P. N. Mishra, S.WA. Quadri, Ms. Sushma Suri and Ms. Neena Gupta 
466 
-
r-
H.P. SISODIA v. U.0.1. 
467 
for Union of India. 
A 
The following Order of the Court was delivered : 
The petitioner passed his Intermediate Examination conducted by 
the Board of High School and Intermediate Education, U.P. and sub-
sequently appeared in the All India Pre-MedicaVPre-Dental Entrance B 
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 wquld 
be made by the Directorate General of Health Services. Later on, the 
petitioner was informed by the Assistant Director General, Health Services C 
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 D 
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, respon-
dent 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 
E 
F 
.... 
against the 15% All India Quota. The reasons for refusal are contained in G 
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 H 
_, 
468 
SUPREME COURT REPORTS 
[1999] 1 S.C.R. 
A 
July, 1994 and secured 56 marks. 
,. 
.... 
As per rule
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