No proof of Biology study: HC grants relief to NRI candidate, orders KNRUHS to allow MBBS admission

A division bench of honorable justices MS Ramachandra Rao and T Amarnath Goud pronounced this verdict after hearing a petition filed by an Indian-American girl student with roots in Warangal seeking MBBS admission under NRI quota meant for foreign nationals in the ongoing counseling session.

Her father had settled down in the US long ago. She completed Class-XII at Conard High School under West Hartford Board of Education, Connecticut, USA. Aiming to become a doctor, the petitioner had appeared for the MBBS entrance exam, NEET in the foreign nationals category and passed the test.

However, her candidature was rejected by the KNRUHS. On December 12, 2020, the university had stated that she was ineligible for admission in the MBBS course as she had no proof of studying biological sciences in the qualifying examination (for Indians it is Intermediate or CBSE plus two). Biology is the pre-requisite for securing admission to the MBBS course.

Aggrieved with the admission denial, the aspirant hence moved the high court seeking relief. In her petition, she submitted that the School Counselor of Conard High School had issued a Certificate stating that in the 10th Grade itself citing that the petitioner had taken the Advanced Placement Biology course where topics in Bio-chemistry, Cellular Biology, Organismal Biology, Population Biology, Evolution, Genetics and Ecology are taught in depth and that it is a rigorous course of study in Biology.

She also filed the letter of the West Hartford Science Department Supervisor to the same effect; Certificate issued by the Consulate General of India, New York that the 12 year High School Diploma obtained by the petitioner in the USA is recognized in India as equivalent to pre-University (2 year course) new Intermediate Course; and also a Certificate issued by the Telangana State Board of Intermediate Education, Hyderabad that the 12th Class/Senior Secondary Examination of West Hartford Board of Education, Connecticut, USA, is equivalent to Intermediate Examination conducted by the said Board.

Presenting the aforementioned documents, the petitioner asserted that the view of the varsity that she did not study Biological Sciences is not correct. Further, on the basis of this submission, a Division Bench presided over by the Hon'ble Chief Justice had earlier granted an interim direction on 24.12.2020 to the authorities to permit her to participate in the counselling to be conducted for the leftover seats without raising any objection with regard to the proof of study of Biological Science subject in the qualifying examination. But the authorities then moved the HC asking direction to vacate this order.

The counsel appearing on behalf of the petitioner maintained that holding her ineligible for admission by the University has no basis in view of the documentary evidence available on record. In response, the counsel contending on behalf of the university stated that the student had not studied biological sciences, physics and chemistry in 11th and 12th standards as required. She studied biological sciences only in the tenth standard.

The Counsel submitted said, "The petitioner cannot be treated as eligible and refers to Medical Council of India regulations on Graduate Medical Education, 1997(amended up to May 2018) to contend that a candidate has to study Biological Sciences, Physics, Chemistry in English as compulsory subjects in 11th and 12th standards or intermediate or equivalent course; that petitioner had studied the subject of Biological Sciences in 10th Grade(10th class) and she has not studied the subject of Biological Sciences in 11th and 12th Grades though she had studied Physics, Chemistry and English in 11th and 12th Grades.

It was further contended that the Equivalence Certificate dt.23.12.2020 issued by the Telangana State Board of Intermediate Education, Hyderabad, does not specify that the petitioner had studied Biological Sciences, Physics and Chemistry in 11th and 12th Standards which equal to Intermediate and which is a pre-requisite for admission into MBBS Course as per the above regulations of the MCI.

The bench noted that the university did not cite this as the reason for making her ineligible for admission. It only stated that there was "no proof of study of biological sciences subject in qualifying examinations". The validity of the equivalence certificate issued by the Intermediate Board was also not mentioned.

Observing that the petitioner had appeared for the NEET Examination and has qualified therein, thereby dispelling any doubt about her knowledge of Biology, Physics and Chemistry, the bench rejected the contention of the Additional Advocate General appearing for varsity and authorities that the aspirant is not eligible for admission to the MBBS Course.

To the relief of the candidate, the bench declared the action of the KNRUHS in treating the petitioner as ineligible for admission into MBBS Course for the academic year 2020-21 under Management Quota Category-C(NRI) as illegal, arbitrary and violative of Article 14 of the Constitution of India and the direction was issued to the medical university

to provide the petitioner admission into the MBBS Course under Management Quota C(NRI) Category forthwith without raising any objection with regard to the proof of the study of Biological Science subject in the qualifying examination