SHREYA BASNET Vs. UNION OF INDIA

JUDGEMENT

(1.) Admitted as foreign national in the NRI quota to the 5 year MBBS course at the Mahatma Gandhi Medical College and Hospital, Jaipur (hereafter 'the College') in the academic year 2016-17 and having spent a year and two months studying in the said course, vide impugned letter dated 19th September, 2017, the petitioner on the recommendation of MCI to the College on 13th September, 2017, has been discharged and since then not allowed to continue in 5 year MBBS course. In the circumstances, the letters dated 13th September, 2017 by MCI to the Principal of College as also the consequent discharge of petitioner by the Principal of College on 19th September 2017 are under challenge in this petition.

(2.) Mr. Ajat Shatru Mina appearing for the petitioner submitted that prior to admission to MBBS in the Academic Year 2016-17 foreign nationals were not allowed to write the NEET 2016 examination. It was submitted that hence the petitioner a foreign national sought admission into the 5 year MBBS course in the quota of NRIs in the Mahatma Gandhi Medical College and Hospital on the strength of her marks in the Secondary and Sr. Secondary School examination conducted by the Central Board of Secondary Education while she was a student of the Vidya Devi Jindal School, Hisar, Haryana. She was admitted in the said MBBS course on the recommendation of the State Government and now under the impugned letters stands discharged. This has caused her injustice and unless rectified will result in irreparable loss. Mr. Ajat Shatru Mina submits that petitioner's case is identical to that of Ms. Mashal, citizen of Pakistan, who was admitted to MBBS in SMS Medical College, Jaipur and Ms. Riecha Joshi, citizen of Nepal, who was admitted to MBBS in Medical College, Kota in Academic Year 2016-17 without appearing in NEET, 2016. Their admissions have been yet regularized under the letter dated 26/27th October, 2017 under the hand of the Secretary, Medical Education. This entails an inevitable inference that foreign students are not mandatorily required even to write the NEET examination what of securing the minimum prescribed percentage under the Graduate Medical Education Regulations, 1997 as amended in 2010 (hereafter 'Graduate Regulations') for admission into Medical College / MBBS course in the Academic Year 2016-17. Mr. Ajat Shatru Mina further submitted that Graduate Regulations cannot in the circumstances be taken to exclude altogether admission of foreign students to the MBBS course in Academic Year 2016-17 without participation in NEET examination, 2016. Mr. Ajat Shatru Mina in the alternative submitted that even in equity, the petitioner has a case for this court to interfere and quash the impugned communications as she has expanded 14 months in pursuing the MBBS course subsequent to her admission in August, 2016 and expanded both time and money. Further, the seat in issue, Mr. Ajat Shatru Mina, submitted would stand lapsed and would be of no avail to any other at this stage even if the petitioner is discontinued as she has been under the impugned letter dated 19th September, 2017 consequent to MCI's letter dated 13th September, 2017.

(3.) Per Contra, Mr. Angad Mirdha, appearing for MCI submitted that admissions to graduate medical courses are to be determined strictly in terms of the Graduate Regulations. He has drawn the attention of this Court to Regulation 5.5(V) of the aforesaid regulations to submit that it is mandatory that all admissions to MBBS course within the respective categories be based without any variation solely on marks obtained in the National Eligibility-cum-Entrance Test. It has been submitted that the words "respective categories" in the said regulation would necessarily include the NRI category / foreign students seeking to avail a vacancy in the said quota.