KAPIL RAJ PRINZE Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner, who had participated in the National Eligibility-cum-Entrance Test, 2017 (NEET) for MBBS and BDS courses as a Scheduled Caste category candidate and who has obtained 115 marks out of a total of 720 marks and has also obtained 43.74 percentile, has filed this petition praying for a direction to the respondents to register him and thereafter to permit him to participate in the second round of counselling that is scheduled from 18.08.2017 to 19.08.2017 as well as the final round of counselling scheduled from 26.08.2017.

(2.) The brief facts, on the basis of which the present petition has been filed by the petitioner, are that the petitioner belongs to the SC category and has appeared and qualified in the NEET examination under that category as has obtained 43.74 percentile, which is more than the cut off 40 percentile prescribed by the regulations framed by the Medical Council of India as well as the CBSE Rules and guidelines issued for conducting the NEET examination. It is submitted that as per Regulation (4) of the Graduate Medical Education Regulations, 1997, the minimum eligibility qualification for participating and seeking admission in the NEET Examination and for participating in the counselling conducted thereafter is that the candidate concerned must have passed the 12 t h standard examination (10+2) in 2017.

(3.) The learned counsel for the petitioner submits that the petitioner had participated in the 12 t h Class CBSE examination conducted by the Central Board of Secondary Education but had obtained supplementary/compartment in the subject of Biology. It is submitted that the petitioner has thereafter appeared in the supplementary examination and has also cleared the subject of Biology in the compartment/supplementary examination, result of which was declared on 09.08.2017 vide Annexure P/7.