DEEPA THOMAS Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The short question that arises for consideration in these Civil Appeals is whether this Court should direct the respondents including the Medical Council of India (for short MCI'), the University of Calicut and the Mahatma Gandhi University, Kottayam to permit the appellants to continue and complete the MBBS course to which they were admitted in the different Private Unaided Medical Colleges in Kerala in the academic year 2007-08, though they were not eligible for such admissions as per the Regulations of the MCI, but had satisfied all the eligibility criteria stipulated in the "Prospectus for MBBS Admission, 2007" issued by the respondent-Medical Colleges. The appellants are stated to be victims of a mistake or omission crept in the Prospectus as regards the eligibility criteria for admission. When the MCI Regulations insist on a minimum of 50% marks both in the qualifying examination and in the Competitive Entrance Examination (for short CEE') separately, the Prospectus did not specify that separate 50% marks were required in the CEE also. Though the appellants had secured more than 50% marks in the qualifying examination, they could secure only less than 50% marks in the CEE. Without noticing and without being aware of the difference between the MCI Regulations and the Prospectus in respect of the eligibility criteria, the appellants took admission in the medical colleges. Immediately after the admission the colleges sent the list of admitted students and their marks to the MCI. There was no objection from the MCI and the appellants continued their studies. However, several months thereafter, MCI directed the colleges concerned to discharge the appellants on the ground that they were not eligible for admission as they had secured only less than 50% marks in the CEE. Though the appellants and the colleges represented to the MCI and requested to reconsider its decision, the MCI refused to change its stand. Hence, the appellants were constrained to approach the High Court of Kerala for redressal of their grievance and on the basis of interim orders passed by the High Court in the writ petitions filed by them, the appellants continued their studies and appeared in the examinations conducted by the University. However, the writ petitions filed by the appellants were ultimately dismissed by the High Court on 16 th September, 2010. Faced with the threat of discharge from the colleges, the appellants have filed these appeals by special leave. On the strength of the interim orders passed by this Court, the appellants continued their studies and appeared in the examinations and they are now in the fourth year of the MBBS course. The appellants claim that they are innocent victims of an inadvertent and bona fide mistake or omission crept in the Prospectus as regards the eligibility criteria for admission. They contend that even if there was some discrepancy between the eligibility criteria mentioned in the Prospectus and the eligibility criteria mentioned in the MCI Regulations, they were not in any way responsible for such discrepancy and they may not be penalised for no fault of theirs. The appellants seek intervention of this Court to save their career and future.

(3.) The appellants are students of Jubilee Medical Mission College and Research Institute, Thrissur, M.E.S. Medical College, Perinthalmanna, Malankara Orthodox Syrian Church Medical College, Kolenchery and Pushapagiri Institute of Medical Sciences & Research Centre, Thiruvalla. Admittedly all these medical colleges are members of the Kerala Private Medical College Management Association (for short, 'Management Association') and the Prospectus for admission to MBBS course, 2007 issued by the Management Association was followed by these medical colleges except the M.E.S. Medical College. The prospectus issued by the M.E.S. Medical College also contained identical provisions relating to eligibility criteria for admission.