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PETITIONER:

MEDICAL COUNCIL OF INDIA

Vs.

RESPONDENT:

SILAS NELSON AND ORS.

DATE OF JUDGMENT14/05/1993

BENCH:

MOHAN, S. (J)

BENCH:

MOHAN, S. (J)

VENKATACHALLIAH, M.N.(CJ)

THOMMEN, T.K. (J)

CITATION:

1994 AIR 777 1993 SCR (3) 787

1993 SCC (3) 184 JT 1993 (3) 455

1993 SCALE (2)961

ACT:

%

Indian Medical Council Act, 1956-Ss. 12, 14-Migration Rules-

Regulation V(e)-Migration of Medical student of unrecognised

college in Dar-es-Salam to recognised medical college in

India-Equivalence of the courses in the two colleges-Held,

Medical Council the main authority to decide on these

questions-Course of study, and not individual cases,

relevant for grant of permission for migration-On facts,

held, migration rightly refused.

HEADNOTE:

In 1989, respondent 1 and his sister applied for migration

from Mumbili Medical College in the Faculty of Medicine,

affiliated to the University of Dar-es-Salam to a recognised

medical college in India. The Medical Council of India

turned down this application.A writ petition was filed in

the Court at Jabalpur. The High Court directed that the

appellant and other authorities consider the case of the

petitioners. Thereafter the Executive Committee of the

Medical Council reconsidered the case on 20th August, 1991.

It found that the grounds for migration were not sufficient;

that it was. the course of stud already undergone vis-a-vis

that being taught in the medical college in which migration

was sought, and not the facts of individual case, which was

relevant. Also the candidate had not furnished enough

materials to make the comparison. The Council therefore

rejected the application.

A review petition and contempt petition filed in the High

Court were dismissed.

Thereupon, in a miscellaneous petition filed on the same

grounds seeking admission in the second year or the 1 year

professional MBBS Course at Medical College, Jabalpur the

High Court directed that the petitioners be given

provisional admission. The petitioners however, did not

produce the required documents and the college did not

provisionally admit them. In an interlocutory application,

the High Court permitted one of the petitioners to withdraw

herself from the petition and directed that the other

petitioner

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788

(respondent I before this Court) he granted provisional

admission on his filing necessary forms and depositing the

fees without insisting ton the Production of any other

certificate or testimonials or syllabus (of Dar-es-Sala in

University

On fear of contempt, the Dean had to comply with this order.

On an application before it, this Court stayed the interim

order and requested the High Court to dispose of the main

petition expeditiously.

The High Court allowed the %Tit petition and quashed the

resolution dated 20th August, 1991. refusing migration,

holding that there was no application of mind by the

Council.

On appeal before this Court, it was contended that the High

Court erred in directing admission of respondent in a

recognised medical college from an unrecognised medical

college by way of migration-, that Regulation V had been

misread and that not having under-gone study in a recognised

medical college nor having passed the first professional

examination, he could not be admitted to the second year;

that he had failed in anatomy and had not sat for his

supplementary examination and had therefore ceased to be a

student of Dar-es-Salam University and that the first year

course at Dar-es-Salam University and in India were not

equivalent. Equivalence in any case, it was urged, is to be

decided by an expert body and is not in the domain of the

Court.

For respondent 1, it was argued that the self-contradictory

stand of the Council on equivalence had led to the High

Court deciding the issue; that equity was in his favour;

that he had in any event passed his pre-medical test in

1991; and that he belongs to a scheduled tribe.

Allowing the appeal, this Court,

HELD: 1. The Medical Council has come to the correct

conclusion that there cannot he migration from unrecognised

institution to a recognised medical college. (799-G)

Dar-es-Salam University has not been recognised as provided

in the Indian Medical Council Act, 1956.(7%-A)

2. The High Court does not have the necessary expertise to

determine equivalent. The Medical Council is the main

authority in this respect. (799-C)

789

3. what is material for grant of permission for migration

is the course of study which a student has undergone vis-a-

vis the courses being taught in the medical college in which

the migration is sought, and not the individual case. (799-

D)

The material placed before the Council was not sufficient to

decide equivalence.

4. The concerned authority is to verify the disputed

factual position concerning his performance in the 1991 pre-

Medical test and decide on considering him for admission for

the academic year 1993-94. (800-E-G)

JUDGMENT:

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2221 of 1993.

From the Judgment and Order dated.5.5. 1993 of the Madhya'

Pradesh High Court in M.P. No. 4420 of 1991.

Harish N. Salve and L.R. Singh for the Appellant.

Anoop Choudhary, A.K. Sanghi, S.V. Deshpande and S. K.

Agnihotri for the Respondents.

The Judgment of the Court was delivered by

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Mohan, J, Leave granted in SLP filed by Indian Medical

Council, Jabalpur.

All these appeals are dealt with under a common judgment

since they arise out of the same judgment passed in Misc.

Petition No.4420 of 1991 by the Madhya Pradesh High Court,

Jabalpur Bench.

One Dr.Nelson ,father of respondent1 was serving in Madhya

Pradesh State Public Health in the Department of Surgery in

the Medical College at Jabalpur. His wife, Dr. (Mrs.)

Shobha Nelson was also working as a Lecturer in the

Department of Obstetrics and Gynecology in Medical College

in a purely temporary capacity.

Dr.Nelson applied for foreign assignment.He was selected for

the same. Therefore. a request was made by the Government

of India (Department of Personnel and Administrative

Reforms) vide its letter dated 2nd of January. 1975

790

requesting the State Government to spare the services of

Dr . S.K. Nelson for foreign assignment with Zanzibar

Government. The Under Secretary to the Government of Madhya

Pradesh, Department of Public Health and Family Planning

replied on 15.4.1975 that it was not possible for the State

Government to spare his services. However, Dr. Nelson

proceeded on two months' vacation with effect from 1.5.75.He

wrote a letter to the Dean of Medical College Jabalpur that

he was proceeding, on long leave owing, to unavoidable

family circumstances. Even after the expiry of the period of

leave he did not rejoin the post. His request for further

extension of leave was rejected. Notwithstanding the same

Dr. Nelson and his wife proceeded to Tanzania and the first

respondent, Silas Nelson, also accompanied them.

It also requires to be mentioned in passing that a request

was made to the Government of madhya Pradesh to spare the

services of Dr. Shobha Nelson. It was pointed out by tile

State Government that she being ;A temporary servant she had

no lien and she will have to resign the State service before

joining her duties in Zanzibar. She also absented

unauthorisedly and proceeded to Tanzania along with her

husband. The first respondent claimed to have passed G.C.E.

'O' level as well as 'A' level examinations from the

University of London conducted by the Education Council of

the Government at Dar-es-Salam in Tanzania. He also claimed

that he had obtained credits in 'A' level in three subjects

i.e. Biology, Physics and Chemistry and 'O' level in six

subjects i.e. Biology, Chemistry, English language. English

Literature, Mathematics and Physics. On this basis he

claimed that he was entitled to admission in any Medical

College in India. According to him these examinations are

considered to be equivalent qualifying examinations and pre-

requisite for admission to any Medical College. It was also

stated that Rani Durgawati University of Jabalpur had given

an equivalence certificate. He obtained admission in

Muhmbili Medical College in the Faculty of Medicine. which

is affiliated to the University of Dar-es-Salam, in the year

1989. lie had completed one year at the same college and

University. Thereafter he was pursuing his study in the

second year. Having regard to the fact that he had studied

the subjects in Anatomy, Physiology, Biochemistry,

Preventive and Social Medicine including, Behavioural

Science and Biostatistics, Medical Psychology and

Developmental Studies and Medical Surgery, he had undergone

a wider course. Therefore, according to him, he possesses

the eligibility criteria for admission to the MBBS Degree

Course at Jabalpur.

A request was made by the father of the first respondent to

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nominate the first respondent to MBBS Course directly under

Central Government quota. This request related not only to

the first respondent but also his sister. However, the

Central Government advised Dr. Nelson to approach the

Medical Council oflndia

791

and the concerned University in jabalpur seeking their

concurrence to the migration of his two children from the

University of Dar-es-Salam. Tanzania to Medical College in

jabalpur.

On 20th December, 1989, Dr. nelson approached the

appellant, Medical Council of India (hereinafter referred to

as the Council) for grant of no objection to the transfer.

This request was turned down on 12.1.90 as migration was

not permissible under the Rules. The position was further

made clear by the letter of the appellant dated 28.12.90.

Aggrieved by this the first respondent and his sister Kumari

Divya Nelson filed Writ Petition Misc. Petition No. 2535 of

1990 before the Madhya pradesh high Court at Jabalpur. The

prayer was for a writ of mandamus to direct the

respondents to grant admission to them to the 2nd year of

MBBS Degree Course at Medical College jabalpur. It was

contended that the Council had not authority to object or

refuse the issue of no objection certificate since its

primary function is to prescribe minimum standards of

medical education. It is the University alone which should

be concerned about the admission.

The High Court by its judgment dated 12.7.91 allowed the

writ petition. It directed the appellant and other

authorities to consider the case of respondent 1 and his

sister within a period of two months for their admission

in the Medical College, jabalpur in the light of clause 'E'

of the mandatory recommendations approved under

Section 33 of the Indian Medical Council Act, 1956. It was

also held that though the Council had considered the case of

the candidates yet it had not looked into the individual

merits regarding their eligibility for transfer to Medical

College,jabalpur which affiliated to Rani Durgawati Vishwa

vidyalaya, jabalpur. Besides teh impugned letter of the

council does not show any application of mind as it is not

speaking order.

In complete with the above directions the Executive

Committee of the appellant (Council) reconsidered the case

on 20.8.91. The question was whether the migration of the

respondent on individual merit to Medical College. jabalpur

under clause v 'e' of the Migration Rules was permissible.

It was concluded that the migration could not be allowed

since the ground were not sufficient for such migration. It

was also of the view that the facts stated for considering

the individual case on merits were not relevant. What is

important to be considered is the course of study the

student had already undergone vis-a-vis the course being

taught in the Medical College in Which the migration is

sought. The candidate had not also finished enough materials

to make comparison with

792

the course of study conducted in medical College at

jabalpur. For these reasons the request for migration was

rejected. The same was reiterated by a letter dated 4.1.92.

After this, a review petition was filed to recall the order

dated 12.7.91 of the High Court. However the review petition

was dismissed by the High Court. An application for contempt

was also dismissed. There upon Misc, Petition No. 4420 of

1991 came to be filed seeking admission in the 2nd year or

the 1st professional M.B.B.S. Course at Medical College,

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Jabalpur on the same grounds as were alleged previously.

direction was issued on 23.12.1991 to give provisional

admission. After admission of the writ petition the same

order was continued. Though an application was preferred by

the respondents 2 to 4 to have the order vacated on the

ground that migration from an unrecognized Medical College

to a recognised Medical College was not permissible, the

same was dismissed.

Some interesting development took place during this stage.

The candidates did not produce the required document.

Hence provisional admission was not granted to them by the

respondents 2 to 4. That led to the filing of

Interlocutory Application No. 2805 of 1992 for further

direction. Respondents 2 to 4 also filed an application

for direction on 26.3.92 inter alia pointing out that

before grant of provisional admission, the writ

petitioners were required to submit proof of their

having passed 1st year course at Tanzania. In the absence

of such proof the admission was impossible. Further in

which year of the MBBS course the first respondent was to

be admitted, was not free from difficulty. it was averred

that even without passing the first year from the

university of Dar-es-Salam the claim is made for admission

to the second year. This is nothing but fraud the High

Court strangely permitted the writ petitioner. Kumari

Divya Nelson to withdraw herself from the petition and it

directed respondent 1 alone could prosecute his studies.

The authorities were directed to grant provisional

admission his filing necessary forms and depositing

admission fees without insisting on the production of any

other certificate or testimonials or syllabus of Dar-es-

Salam University.

For non-compliance with this direction a contempt

application was taken but by the first respondent. On peril

of contempt the Dean (Respondent 4) had not other option

but to comply with the order of provisional admission.

Against this order directing provisional admission without

insisting on the production of any other documents SLP (C)

No. 10498 of 1992 was preferred.Leave was granted on 7.9.92

by this court staying the operation of the order dated

18.5.92 of the High Court. This Court directed that the

interim order well subsist

793

till the disposal of the writ petition before the High Court

and requested the High Court to dispose of the writ petition

of the respondent I expeditiously.

By the impugned judgment dated 5th March, 1993 the writ

petition was allowed The resolution dated 20th August, 1991

refusing to accede to the request of the writ petitioner

respondent (1) for migration was quashed holding that there

was no application of mind by the Council. lt is under these

circumstances these appeals by special leave to appeal have

come to be preferred.

Mr. harish N. Salve, learned counsel for the appellant would

submit the following grounds attacking the impugned

judgment:

The High court erred in directing admission to respondent I

in recognised medical college in India from an unrecognized

college by way of migration/ transfer. WI the more so. when

such impermissibility has been recognised by this Court in

Medical Council of India, New Delhi v. Rajendra S. Sankpal

and Ors. etc. (C. A Nos. 3-4 of 1991 dated 21.10.92) and

order dated 6.12.1990 of this Court passed in Medical

Council of India v. Ms. Sunita Anant Chavan & Ors.

(I.A..Nos. 2-7 in Transfer Petition (Civil) Nos. 230-235 of

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1989).

The High Court misread Regulation V. Under that Regulation

migration is allowed from a recognised medical college to

another recognised college and that too within three moths

after passing of the first professional examination. In so

far as the first respondent has neither undergone study in a

medical college recognised by the Council nor has he passed

the first professional examination, he could not he admitted

to the second year.

The first respondent failed in the subject of Anatomy which

is one of the papers taught in the first year at Dar-es-

Salam University. Under the Examination Regulation of the

said University he was required to sit in the supplementary

examination in the failed subject before the beginning of

the next academic year. Thus he was required to clear the

said paper within six weeks. Should he fails in the

supplementary examination he ceases to be a student of the

College/University. In so far as the first respondent did

not take the supplementary examination he ceased to be a

student of Dar-es-Salam University. Therefore, the question

of migration could not arise at all.

The first yen course of Dar-es-SalamlJniversitv is not

equivalent to the first phase of MBBS Examination in India.

794

Equivalence has to be decided by only an expert body, that

too, on technical and academic matters. It is not in the

domain of assessment or evaluation by the Court. The High

Court should not have embarked on the determination of

equivalence on the basis of sketchy materials placed before

it.

The High Court erred in relying on. Minakshi Malik, v.

University of Delhi, AIR 1989 SC 1568. There, the candidate

was not, in any matter, ineligible while here, the first

respondent is ineligible. The High Court erred overlooking

that an administrative authority like the appellant is not

required to pass reasoned orders. The decree awarded by

Dar-es-Salam University is not recognised and :Is not

included under any of the Schedules of the Medical Council

of India Act, 1956. Therefore, there was no occasion for

the appellant to decide the equivalence. Should the first

respondent be anxious he should have placed all the

materials.

In opposition to this, learned counsel for the respondents,

argues that the Council has taken a self-contradictory

stand. In one breath, it will contend that there are no

materials to decide the equivalence and in the other breath

it would say it is not equivalence.

Under these circumstances, in view of the cryptic order

passed, the High Court itself decided finding that the

Council had not applied its mind. The High Court was

satisfied on the basis of documents there is equivalence.

The High Court is well entitled to do so. More so, having

regard to the ruling of Minakshi Malik's case (supra) Equity

also must weigh in favour of the first respondent. In any

event, the first respondent had passed his pre-Medical test

successfully in the year 199 1. He also belong s to

scheduled tribe. Therefore, on the basis of these two

documents his candidature could be considered for admission

to first year MBBS Course for the ensuing academic year of

1993-94 as otherwise, the career of a young man would be

completely ruined.

The factual position with regard to study of the first

respondent in Dar-es-Salam University requires to be

carefully analysed. The claim of the first respondent is

that he has passed G.C.E. 'O' level as well as 'A' level

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examinations from the University of London conducted by the

Education Council of the Government at Dar-es-Salam in

Tanzania. He claims to have obtained credits in 'A' level

in the following three subjects

(i) Biology,

(ii) Physics; and

795

(iii) Chemistry

In `O' level he claim.,; to have obtained credits in the

following six subjects

(i) Biology,

(ii) Chemistry,

(iii) English Language,

(iv) English Literature,

(v) Mathematics; and

(vi) Physics

On this basis, he claims admission to any Medical College in

India as these are considered to be equivalent qualifying

examinations and prerequisite for admission to any Medical

College. It is claimed on behalf first respondent at Rani

Durgawati University of Jabalpur has given an equivalence

certificate. That is extracted below

"With reference to your above cited letter, it

is to inform you that students have passed in

five subjects at least at the G.C.E. (Ordinary

Level) and two subjects at the (Advanced

Level) from University of London, are treated

as having successfully completed the 12 year

Pre-University/Higher Secondary in India.

Hence, if your son Shri Silas Supragya Nelson

has passed above examination then he may

appear in Pre Medical test examination as

desired by you."

According to first respondent, he was admitted in Muhmbili

Medical College in the Faculty of Medicine which is

affiliated to the University of Dar-es-Salam in the year

1989 and has completed one year at the same College and

University. In the First year he had studied subjects in

Anatomy, Physiology Biochemistry, Preventive and Social

Medicine which includes Behavioural Science and Bio-

statistics, Medical. Psychology and Development Studies &

Medical Surgery whereas at Rani Durgawati University, the

subjects taught in the first year are Anatomy, Physiology,

and Biochemistry. Thus the courses followed at Dar-es-Salam

University are much wider. It was further claimed that his

course in the said Medical College is equivalent to first

year course of MBBS Degree awarded by Rani Durgawati

University, Jabalpur and, therefore, he possesses the

eligibility criteria for admission to the MBBS Degree Course

at Jabalpur.

796

On the said basis migration is sought. Dar-es-Salam

University is not recognised by the Medical Council of

India. Therefore, front all unrecognised institution

admission is sought to a recognised institution.

With the object of maintaining and regulating, standards of

medical education in the country, the Parliament enacted

"the Indian Medical Council Act, 1956". Under Section 6 of

the Act. the Medical Council of' India has been

incorporated, which is a body corporate having a perpetual

succession and a common seal Section 12 of the Act makes

provisions for recognition of medical qualifications granted

by medical institutions in countries with which there is a

scheme of reciprocity. Under this section, the schedules

are given providing list of recognised medical institutions

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& qualifications. The first schedule gives list of

recognised medical qualifications granted by

universities/medical institutions in India; whereas schedule

second gives the list of recognised medical qualifications

granted by medical institutions outside India. University

of Dar-es-Salam & its medical institution is not included in

the second schedule and therefore the qualifications

imparted by that institution are not recognised. That

apart, section 14 of the Act makes provisions for

recognition of medical qualifications (granted by countries

in which there is not scheme of reciprocity. The Central

Government has not considered Dar-es-Salam University for

such recognition.

It was in this context the following order came to be passed

by the appellant

"The Director,

Medical Education,

Madhya Pradesh,

Bhopal

Subject:- Migration of Silas Nelson and Divya Nelson from

Dar-es-Salam Medical College, Tanzania to Medical Collage,

Jabalpur.

Sir,

With reference to your letter No. 6151/DME/IV dated

12.5.1990 I am to state that the matter regarding, Migration

of Silas Nelson and Divya Nelson from Dar-es-Salam Medical

College, Tanzania to Medical College,Jabalpur was duly

placed before the Executive Committee of this Council at its

meeting held on 20th August, 1991 for consideration.

The Committed decided as under:

797

The Executive Committee considered the matter with regard to

the migration of the above candidates on individual merit to

Medical College Jabalpur under Clause V(e) of the migration

rules and did not allow these migration since the grounds

are not sufficient for migration and the facts stated in the

individual cases are not very relevant for grant of

permission for migration. For considering any such cause of

migration, it is important to consider the cause of study

the student has already undergone vis-a-vis the course being

taught in the Medical Colleges in which the migration is

sought. Further it is observed that the candidates seeking

their migration have also brought no records to show the

course of study being conducted at their medical college for

making comparison with the study being conducted in Medical

College, Jabalpur. Hence the applications for migration of

the above candidates are rejected.

Your faithfully,

(Mrs. M. Sachdeva)

Off. Secretary."

Concerning migration the rule also is to the effect that the

same can be allowed by the University concerned within three

months after the passing of the first professional

examination.

Then, the question of equivalence arises. The equivalence

came to be decided in the following manner:

"Reference-Letter dated 28.12.1991 of Dy. Registrar

(General) R.D. University, Jabalpur.

Regarding letter of ku.Divya Nelson and 2/ Silas Nelson to

the University.

I have gone through prospectus of University of Dar-es-Salam

(1990-90)

For M.D. degree which is equivalent to M.B.B.S. of

Universities abroad (as per letter No. H/Q/G.N/17862 dated

2nd May, 1990 of Director of Training and Occupational

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Health Service, attached in the file).

For examination at the end of first year in Dar-es-Salam

University the subjects are:--

798

Anatomy/Histology -

Behavioural Sciences Only one

Biochemistry - Year study.

Physiology

Development studies

Where in Indian Universities the First MBBS Course which is

of 18 months the subjects examined are (As premedical

Council of India)

Anatomy

Physiology - one and half,

Biochemistry - Year study

As the detailed syllabus of the 5 subjects taught in one

year at Dar-es-Salam University is not given in the

Prospectus, it is difficult to know whether the course is

equal as only three subjects are taught in Indian University

for one and half years indicating that these subjects are

taught in more detail here in our University. However, in

general the subjects taught there in first year included

Anatomy, Physiology and Biochemistry (along with other two

subjects) which are also the subjects of first M.B.B.S. (one

and half years course) here also. For mote clarification,

the Medical Council of India may be consulted because they

are the main authority in India in this respect. Dean,

Faculty of Medicine of our University was also consulted in

this matter/

sd/-

Protessor & Head. Dept. of Biochemistry

Medical College & Chairman Board of Studies

for Anatomy, Physiology & Biochemistry.

This may be put up before the standing for

confirmation."

We cannot understand when this was the position with

reference to equivalence how the High Court had donned the

role of an expert body and would say as follows

"The petitioner has filed documents showing

that Dr. R.K. Gupta, Reader in Pharmacology of

the Medical College, Jabalpur was sent on

deputation for teaching in the medical college

affiliated to Dar-es-Salam University. The

petitioner, by filing the documents, wants to

show that persons having requisite

qualifications for teaching in the Medical

College, Jabalpur were posted or appointed at

the medical college affiliated to Dar-es-Salam

University. The documents filed by the

petitioner show that the subjects taught in

the first year M.B.B.S. at Muhibili Medical

799

College, Dar-es-Salam University and the

subjects taught at the Medical College,

Jabalpur are the same. to us the material

consideration is the qualifications necessary

for admission to the first year M.B.B.S.

course. The documents on record show that the

educational qualifications for admission to

the Medical College, Jabalpur and the Muhbili

Medical College of Dar-es-Salam University are

the same and there is equivalence of courses.

As there is equivalence of courses required

for admission to the first year M.B.B.S.

courses in Muhibili Medical College and the

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Medical College, Jabalpur, the petitioner is

entitled to be transferred to the first year

M.B.B.S. course of the Medical College,

Jabalpur and should be permitted to appear in

the examination conducted by the Rani

Durgawati University, Jabalpur."

This is totally unwarranted because the High Court does not

have the necessary expertise in this regard. As to the

equivalence we have already extracted the opinion of the

Chairman of Board of Studies for Anatomy, Physiology and

Biochemistry. From the above extract it is clearly seen

that the Council is the main authority in this respect.

Then again, the High Court had gone wrong in concluding that

the individual cases are relevant for the grant of

permission for migration. In our considered view, as

rightly concluded by the Council, what is material is the

course of study which a student has undergone vis-a-vis the

courses being taught in the Medical College in which the

migration is sought. What the Council was endeavouring to

point out was the materials placed before it by the present

first respondent were not sufficient to decide the

equivalence. The criticism of the Council, by the High

Court, is also not warranted. First of all, no certificate

was produced by the first respondent that he had completed

the first year course in Dar-es-Salam. Unless and until

that is done the question of admission to the second year

MBBS could not arise. The first respondent had not appeared

in the supplementary examination. If that is so, according

to the Regulations of Dar-es-Salam University, he is deemed

to have discontinued from that Course. In such a case the

question of giving admission to Medical College at Jabalpur

could never arise. Therefore, looked at from any point of

view, the Medical Council of India which is the authority to

decide the equivalence, has come to the correct conclusion,

in that, there cannot be a migration from unrecognised

institution to a recognised Medical College. The judgment

of the High Court is wholly unsupportable.

Once we have arrived at this conclusion the question arises

whether the case of the first respondent could be considered

for the academic year 1993-94 based on his performance in

the pre-Medical test for the year 1991. The statement of

800

marks obtained in pre-Medical Test, 1991 is as under:

"Subjects Max. Marks

Marks Obtained

Physics 300 127

Chemistry 300 220

Botany 300 160

Zoology 300 214

English 300 217

1200 721"

He also claims that he belongs to Scheduled Tribe. We do

not have material to show as to whether he was granted

admission to any Medical College on the basis of his

performance in the pre-Medical test for the year 199 1.

However, in the petition for special leave to appeal the

appellant has made the following averments

"In the said Count er-affidavit, on oath the

respondent no.1 deliberately, knowingly an

d

willfully made a false statement that he had

never appeared in the Pre-Medical Test held in

the year 1991 and failed. It was further

stated that in fact it was his younger brother

Sushrut who had appeared in the T.M.T

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Examination of 1992. The petitioner herein

has made an inquiry and has come to know that

the respondent no.1 appeared in the Pre-

Medical Test, 1991 vide application No. 27811

and was allotted Roll No. 624227 but failed to

qualify and complete in the said test.....

Since the writ-petitioner respondent no.1

appeared in the Pre-Medical Test, 1991 vide

application no. 27811 and was allotted Roll

No. 624227 but failed to qualify and complete,

he was not at all eligible for admission to

the undergraduate medical course in India."

If this be the correct position, he would not be entitled to

be considered for admission for the academic year 1993-94 on

the basis of his performance in the Pre-Medical test held in

the year 199 1. It is for the concerned authority to verify

the factual situation and decide the matter.

801

We make it clear that if his case has already been

considered for admission on the basis of performance in the

Pre-Medical test 1991 and rejected there is no need to

consider his case once again for the year 1993-94.

Otherwise, it may be considered on the basis of performance

in the pre-Medical test for the year 1991 as against the

quota intended for Scheduled Tribe, if his status as

belonging to Scheduled Tribe is established provided there

is no legal impediment in doing so.

Subject to the above directions, civil appeals will stand

allowed. However, there shall be no order as to costs.

I.A. No. 1 of 1993 in SLP (C) 6161 of 1993 is also allowed.

U.P. Appeal allowed.

802