RAGHUKUL TILAK Vs. UOI

JUDGEMENT

(1.) Learned Single Judge while dismissing the writ petition filed by the appellant by the impugned judgment dated 29th September, 2006 has aptly pointed out the paradox faced by the Court while deciding the matter by describing the appellant as 'Eklavya' of Mahabharat, who was equal in skill and prowess if not even better than legendary 'Arjuna'. On "merits" of the appellant there cannot be any doubt but the question raised is that of eligibility and whether the appellant meets the minimum eligibility criteria fixed for admission to MBBS course.

(2.) The appellant had appeared in common All-India Pre-Medical/Dental Entrance Examination held in the year 2006 and secured ranking of 1600 in the merit list of 2400 selected candidates under the 15% quota. The appellant would have been entitled to admission in a medical college on the basis of ranking secured. The appellant, who was otherwise eligible on merit for admission to a medical college, has been denied admission on account of eligibility criteria prescribed by the Medical Council of India. The said eligibility criteria was also specified in the bulletin issued by Central Board of Secondary Education in 2006, the relevant extract of which reads as under:-

(3.) The appellant has not challenged and questioned the legality and vires of the Regulations or the eligibility criteria prescribed in Code 1 on the ground of discrimination, Article 14 etc. The appellant claims that he is eligible and is entitled to admission as he fulfills the eligibility criteria prescribed in Code 6. The case of Medical Council of India and the Union of India is that Code 1 applies to the case of the appellant and he does not meet the prescribed eligibility criteria fixed under the said Code. We may again reiterate that we are not examining whether Code 1 and the eligibility criteria fixed therein is bad or ultra vires, but the limited controversy before us is whether Code 1 or Code 6 will apply. In case Code 1 applies, the appellant is not entitled to admission as will be clear from the said facts stated below and in case Code 6 applies, the appellant will be entitled to admission.