NIMS UNIVERSITY RAJASTHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) For the year 2015, pertaining to the admission in MBBS/BDS Courses in the private medical colleges in the State of Rajasthan it was decided that the Pre-Medical Entrance Test would be conducted by the Federation of Private Medical and Dental Colleges in the State of Rajasthan with Maharshi Dayanand Saraswati University Ajmer to be the nodal agency to conduct the examination. The said University conducted the examination in the month of July, 2015. The Federation of Private Medical and Dental Colleges issued the information brochure as per which the eligibility prescribed for the General Category candidates was 50 percentile and for SC, ST, OBC and SBC 40 percentile.

(2.) On 15th February, 2012 the Medical Council of India had issued Notification No. F.No.MCI-31(1)/2010- MEB/62051. The same was issued in exercise of the powers conferred by Section 33 of the Medical Council of India Act, 1956. The notification was issued with the previous approval of the Central Government. Two significant amendments pertaining to the eligibility for admission to MBBS and BDS Courses were introduced. The first was the requirement of obtaining minimum of marks at 50 percentile in the National Eligibility-cum-Entrance Test to the MBBS/Dental Courses, with lowering of the percentile to 40 for SC, ST and OBC candidates and 40 percentile for candidates with Loco Motor Disability of Lower Limbs. There was a proviso added, which reads as under:-

(3.) The second part of the amendment, relevant to be noted, was the requirement of eligibility to admission in a MBBS Courses, being the requirement to pass the subjects of Physics, Chemistry, Biology/Bio-technology and English only individually but with a minimum of 50% marks in Physics, Chemistry, Biology/Bio-technology. For SC, ST and OBC the requirement was reduced to 40% marks in the aggregate. There was no proviso for the requirement of the minimum cut off marks, as distinct from lowering of the percentile.