KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES versus SRIKEERTI REDDI PINGLE & ORS.

Citation: [2021] 1 S.C.R. 935 · Decided: 16-02-2021 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

Judgment (excerpt)

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   [2021] 1 S.C.R. 935
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KALOJI NARAYANA RAO UNIVERSITY OF
HEALTH SCIENCES
v.
SRIKEERTI REDDI PINGLE & ORS.
(Civil Appeal No. 390 of 2021)
FEBRUARY 16, 2021
[L. NAGESWARA RAO AND S. RAVINDRA BHAT, JJ.]
Medical Council of India Regulations on Graduate Medical
Education, 1997 – Regn.4(2) – Admission to MBBS course – NRI
candidate – Eligibility criteria – University treated the respondent-
candidate as ineligible for admission to MBBS course – High Court
allowed the writ petition filed by candidate – On appeal, held: As
per Regn.4(2), the candidate should have undergone study at the
10+2 stage, (or in the intermediate course) in the specified subjects
of Physics, Chemistry and Biology/Bio-technology – The certificate
relied upon by the candidate merely clarifies that she undertook a
course whilst in the 10th grade – That, by no means, is sufficient to
fall within the description of “equivalent” qualification under Regn.
4(2)(f) – Nor can it be deemed adequate having regard to the letter
of the Assistant Principal of Conrad High School that the AP course
in Biological Sciences is of college standard – There is a rationale
and compelling logic on the part of the University to say that the
candidate should have studied biology or biological sciences (apart
from the other two science subjects, along with the further
requirement of having studied English) in all the relevant years
during the intermediate or at 10+2 level – Further, the reference to
having studied in the first year in a degree course, at the college
level with the said subject, carries with it, the implication that the
student would have necessarily undergone academic study and
training in the said three subjects at the 10+2 or intermediate level
(without which, admission in a degree course is inconceivable in
India) – The further emphasis on having attended or undertaken
practical lessons, (again at that level, in each of the concerned
years) clearly signifies that a candidate should have undergone
study in those subjects for the last two years at school or intermediate
college level – High Court did not closely scrutinize the equivalence
certificate or the subject stipulations – The stipulation of equivalence
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SUPREME COURT REPORTS
[2021] 1 S.C.R.
in Regn. 4(2)(f) is not merely a formal one – The provision must be
read in the context of the consistent conditions of eligibility
prescribed in Regns. 4(2)(a) to (e) – Regn. 4(2)(f) explicitly refers
to the subject matter requirement reiterated in all the eligibility
conditions from (a) to (e); the substance of the eligibility requirement
indeed, is that the candidate should have qualified an intermediate
level examination or first year of a graduate course, and studied
the subjects of Physics, Chemistry and Biology at this level, along
with practical testing in these subject areas, and the English
language – This subject matter requirement is at the heart of eligibility
to be admitted into the medical course - There was no error on part
of University in treating candidate ineligible.
Allowing the appeal, the Court
HELD: 1.1 A plain reading of Regulation 4(2) of the Medical
Council of India Regulations on Graduate Medical Education,
1997 shows that the MCI visualized five different situations,
having regard to the nature and structure of high school education
in India, and provided for equivalence in respect of other variants
of similar examinations, possibly even overseas qualifications.
In all, the MCI regulations contemplate six qualifications for
eligibility - (i) higher secondary examinations conducted by one
of the several boards (of secondary and senior secondary school
examinations) or the Indian School Certificate Examination [Reg.
4(2)(a)]; (ii) the intermediate examination in science of an Indian
University/Board or other recognised examining body [Reg.
4(2)(b)]; (iii) “Pre-professional/pre-medical examination” with
Physics, Chemistry and Biology/Bio-technology, after passing
either the higher secondary school examination, or the pre-
university or an equivalent examination, with further stipulation
that the pre-professional examination should have a practical test
in Physics, Chemistry and Biology/Bio-technology [Reg. 4(2)(c)];
(iv) the first year examination of the three years degree course
of a recognized university, with Physics, Chemistry and Biology/
Bio-technology, with a further stipulation that the candidate
should have passed the 10+2 examination with

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