CHOWDHARY NAVIN HEMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONERS who belong to the reserved category had applied for admission for Bachelor of Medicine and Bachelor of Surgery ('M.B.B.S.') course in the State of Gujarat after passing either the qualifying examination conducted by the Central Board of Secondary Education or the examination conducted by Gujarat Secondary & Higher Secondary Education Board. Petitioners had also appeared in the Gujarat Common Entrance Test ("GUJCET" for short) conducted for the academic year 2008 -09. Petitioners submitted they had satisfied eligibility criteria stipulated in the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Payment of Fees) Rules, 2008 for admission to the M.B.B.S. Course and their names figured in the merit list prepared by the Admission Committee for Professional Medical Educational Courses ("Admission Committee" for short). They were accordingly given admission to first year M.B.B.S. Course in respondent No.3 - Pramukhswamy Medical College, Karamsad for the year 2008 -09. List of students admitted to the College was forwarded by the respondent No.3 college to the Medical Council of India vide their letter dated 06.10.2008. Medical Council of India after perusal of the list noticed that college had given admission to eight students in violation of Regulation 5(5)(ii) of Graduate Medical Education, 1997 since they had not obtained minimum required marks in the PMT/Entrance Examination conducted by the State Government. Consequently, third respondent college was directed to discharge those students and report compliance.

(2.) THE Dean of the College then addressed a letter to the Chairman, Central Admission Committee, Ahmedabad informing him of the directions given by the Medical Council of India to discharge eight students from their college. Admission Committee then addressed a letter to the Dean of the third respondent College on 22.12.2008 informing that as per the Rules framed by the State Government, candidates are only required to appear in the GUJCET conducted in the current academic year, after obtaining the necessary marks in the qualifying examination. Dean of the college also sent a communication to the Medical Council of India vide his letter dated 09.01.2009 informing the stand taken by the State Government.

(3.) MEDICAL Council of India, however, did not accede to the request made by the College as well as Admission Committee and reiterated their stand that admissions were given to the petitioners contrary to Regulations 5(5)(ii) in Graduate Medical Education Regulations, 1997, therefore, directed college to discharge the students. The stand of the Medical Council of India was also informed to the Commissionerate of Health, Medical Education, Gujarat State by the Medical Council of India vide their letter dated 05.05.2009. Faced with that situation, the Dean, Pramukhswamy Medical College, Karamsad issued notice of discharge to the petitioners informing that in conformity with the directives issued by the Medical Council of India, college has no alternative but to discharge them from the college. Additional Secretary to the Government of Gujarat, Health and Family Welfare Department again vide their letter dated 17.07.2009 informed the Medical Council of India that admissions were given to First Year M.B.B.S. Course for the academic year 2008 -09 as per the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Payment of Fees) Rules, 2008 and as per Rule 5(1)(iv) of the Rules the students were only expected to appear in the Gujarat Common Entrance Test conducted in the academic year 2008 -09.