SANTOSH MEENA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) A hard situation necessitates taking of a harsh decision. The question before me is whether the Petitioner, who has undergone only the 12th Class Examination in Delhi is entitled to be considered for admission to the M.B.B.S. Course in Delhi. The Petitioner was residing in Surat along with his parents. His father after taking Voluntary Retirement moved to Delhi while he was pursuing studies in the 9th Class. Thereafter, he continued his studies and cleared the 10th and 11th Class also from Surat. In Surat the Rules prescribe that students should have successfully completed the 10th, 11th and 12th Class in the state of Gujarat for being eligible for admission to educational courses in that state. This eligibility criteria of three years has received the approval of the Hon'ble Supreme Court in Anant Madaan Versus State of Haryana and Others, (1995) 2 Supreme Court Cases 135. If a requirement of three years has been upheld by the Hon'ble Supreme Court, there seems no possibility for finding any legal irregularity in the requirement of completing the 11th and 12th Class in Delhi, as is in vogue in Delhi.

(2.) It was found that complete inflexibility in these requirements presented anomalous situation, such as perhaps the case before me. In order to solve the impasse, the Hon'ble Supreme Court in Meenakshi Malik Versus University of Delhi and Others, (1989) 3 Supreme Court Cases 112, held that since the Petitioner had to accompany her father in a foreign posting, some relaxation was called for. However, in Anant Madaan's case (supra), the relaxation was restricted to the facts which prevailed in Meenakshi Malik's case (supra).

(3.) The Hon'ble Supreme Court had taken into its consideration the situation that arises in cases such as the present one in Dr.Pradeep Jain and Others Versus Union of India and Others, (1984) 3 Supreme Court Cases 654. At that time there was a total reservation in favour of students from a particular State. The Supreme Court, however, in order to alleviate the problems that manifested themselves in cases such as the present one, directed the creation of 15% quota for all-India students. This quota is covered by examinations which are conducted by the Director General (Health Services), in which, unfortunately, the Petitioner has not appeared. The sole question is whether any further relaxation or exception or exemption can be carved out in the face of the prescribed requirement that a student should have completed both 11th and 12th classes from Delhi, as per Rules prevalent and applicable in Delhi.