Gujarat HC allows MBBS seat to aspirant with less than 50 percent marks in 12th standard

Written by Barsha Misra Published On 2022-04-09T09:30:00+05:30 | Updated On 9 April 2022 9:30 AM IST

Gujarat HC Dismisses Plea Challenging Cancellation of MBBS Admission

Ahmedabad: The Gujarat High Court recently came in aid of a medical aspirant who was denied an MBBS seat at a private medical college on the ground that he had secured less than 50% marks in his 12th standard examination.

While the Admission Committee for Professional Undergraduate Medical Courses had not allowed the petitioner student for MBBS admission, the HC bench comprising of Bhargav D. Karia opined that the Admission Committee had committed an error and noted, "The Admission Committee has therefore committed an error for not considering the case of the petitioner for management quota though the serial number of the petitioner is higher in the merit list than other students."

The case concerned the petitioner student, belonging to Socially and Educationally Backward Class (SEBC), who secured 48.8% in the Higher Secondary i.e. 12th Standard. As per the Rule 10 of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules,2017, the student was eligible to be included in the merit list for MBBS admission.

He secured 86.987 percentile i.e. 394 marks out of 720 marks in the National Eligibility Cum Entrance Test [NEET] conducted for the academic year 2021-2022. Consequently, his name appeared at Serial No. 6958 in General Merit List and at Serial No. 2374 in SEBC merit list as declared by the Admission Committee for Professional Undergraduate Medical Courses on 16.01.2022.

After applying in the designated portal of the Admission Committee, the petitioner student also completed the online choice filling formalities for the first round of counselling on 29.01.2022. The results were also declared and the petitioner had secured a seat at C.D. Pachchigar College of Homeopathic Medicine and Hospital, Surat on Government quota(SEBC Category).

However, the petitioner argued that he had also preferred for being admitted on a Management Quota seat available at Zydus Medical college and Hospital, Dahod for MBBS course in priority to C.D. Pachchigar College of Homeopathic Medicine and Hospital, Surat on Government quota (SEBC Category).

He pointed out that as per the provisional allotment list published by the respondent Committee, the last candidate to be admitted on Management Quota seat at the Zydus Medical College and Hospital, Dahod for MBBS course had secured 392 marks at NEET 2021 and was at Serial No.7052 in the General Merit list as against the petitioner who has secured 394 marks in NEET 2021 and the petitioner was at serial no. 6958 in General merit list.

Therefore, he approached the Admission Committee with a prayer for being allotted a seat at Zydus Medical college and Hospital, Dahod for MBBS course. After the Committee said no to his prayer, the student approached the High Court.

It was the contention of the Admission Committee that since the petitioner student had not secured 50% marks in 12th standard, he was not eligible for being admitted to the Management quota seat for medical course.

Approaching the High Court, the counsel for the petitioner student referred to the Rules, 2017 and pointed out that for Management seats, the minimum qualifying standard for HSC or equivalent examination passed with Physics, Chemistry and Biology-theory and practical is same as for the Government seats and the minimum qualifying standard for Government seats for MBBS,BDS and BAMS, courses is 50% marks in HSC or equivalent examination for General category, 45% in General PH category 40% in Reserved category for SC,ST and SEBC including physically disabled category.

It was further pointed out that by Amendment Rules 2020 also, the minimum qualifying criteria in Rule 4 is not changed for Management quota seats. However, by the Amendment of 2020, the criteria which is applicable to the Government quota and Management seat is also made applicable to NRI seats which was earlier prescribing 50% minimum marks in the HSC for being qualified as the minimum qualification for admission in NRI seats.

Therefore, it was contended by the petitioner's counsel that once the name of the petitioner appeared in the merit list as per Rule 10 read with Rule 4 of the Rules 2017, the Admission Committee could not deny the admission to the petitioner in Management quota on the ground that the petitioner secured less than 50% marks in HSC - 12th standard applying the criteria for Open General category, though the petitioner belongs to SEBC category.

On the other hand, the Admission Committee argued that if the interpretation as made by the petitioner was accepted, the Management quota seats which does not bifurcate between Open category and reserved category would result into creating reservation in the Management quota. It was also submitted by the committee that as per Rules 2017, in Management quota there is no reservation for SC,ST and SEBC quota.

Taking note of the submissions made by both the parties, the HC bench opined that "having gone through the relevant rules of 2017, it appears that the respondent no.1- Admission Committee has misinterpreted Rule 4 and Rule 10 of the Rules 2017."

Referring to the concerned Rule 4 of Rules 2017, Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) (Amendment) Rules 2020, Rule 10 of the Rules 2017. Rule 11 of the Rules 2017, the High Court bench noted, "On perusal of the above Rules it is apparent that eligibility for admission as prescribed in Rule 4 and more particularly, sub-rule(5) of Rule 4 of Rules 2017 stipulates minimum qualifying standard for MBBS and other professional courses which is bifurcated in three categories, Government seats, Management seats and NRI seats."

"As per the amendment Rules, 2020 criteria prescribed for Government seats are to be applied to all candidates of management seats and NRI seats. Prior to amendment, for NRI seats, minimum qualifying standard was of 50% in the HSC i.e. 12th Standard for MBBS, BDS and BAMS courses. By the amendment of Rule 2020, the same criteria is applied as per the government seats for all candidates to NRI seats also. Thus, on harmonious reading of the sub-rule (5) of Rule 4 of the Rules,2017, minimum qualifying standard for government seats for all three categories i.e. general category, general PWD category and reserved category would also be applicable for the management seats as well as the NRI seats for the academic year 2021- 22," the bench further observed.

The HC bench also referred to Rule 10 of the Rules, 2017 that provides for preparation of merit list for admission and noted, "Clause (a) of sub-rule(1) of Rule 10 of the Rules, 2017 provides for merit list to be prepared on the basis of All India Overall Rank of the candidates who are found eligible in NEET of current academic year whereas clause (b) provides for separate list of minority students seeking admission in respective minority institution. Sub-rule (2) of Rule 10 provides of other courses. Subclause(b) of sub-rule (2) of Rule 10 of the Rules, 2017 provides that the Admission Committee shall prepare and publish different merit list for the candidates who have passed the qualifying examination in Gujarat Board being the first merit list, second merit list of the candidates who have passed the qualifying examination for Central Board and a third merit list shall consist of the candidates who have passed qualifying examination from the Counsel of Indian School Certificate Examination whereas clause (c) of sub-rule 2 of Rule 10 provides for the criteria for deciding the merit order in case of candidates having equal merit marks."

"Thus, Rule 10 of Rules 2017 provides a detailed procedure as to how the merit list is to be prepared by the Admission Committee which will govern the admission procedure as prescribed in Rule 11 of the Rules, 2017. Once the petitioner's name is included in the merit list prepared as per the Rule 4 of the Rules 2017, then the Admission Committee could not have refused to consider the petitioner for admission to Management Quota seat again applying the criteria of passing 12th standard with minimum 50% marks which is not prescribed in sub-rule (5) of Rule 4 of Rules, 2017," clarified the court.

"It appears that the Admission Committee is reading something more than what is prescribed in Rules by denying the admission to the petitioner on the ground that for admission to the management quota of MBBS seat as the petitioner has not secured 50% marks, he cannot be considered ignoring sub-rule (5) of Rule 4 of Rules, 2017. The minimum qualifying standard for the MBBS and other courses as prescribed in sub-rule (5) of Rule 4 of rules 2017 clearly states that for all candidates same criteria as applicable to Government seat is to be applied for management seats and NRI seats, meaning thereby that criteria prescribed for government seats in general category, general PWD category and reserved category would apply mutatis mutandis to the management quota and NRI quota also," the order further read.

"The Admission Committee has therefore committed an error for not considering the case of the petitioner for management quota though the serial number of the petitioner is higher in the merit list than other students," the bench added.

Thus, providing relief to the medical aspirant, the bench observed, "The impugned action of the respondent-Admission Committee for not considering the case of the petitioner for management quota on the ground that the petitioner did not secure 50% marks in 12th standard is not tenable in law. The respondent-Admission Committee is therefore directed to consider the case of the petitioner for management quota seats for MBBS course applying the same criteria as per the government seats as per sub-rule (5) of Rule 4 of Rules, 2017. Rule is made absolute to the aforesaid extent."

To read the court's order, click on the link below.

https://medicaldialogues.in/pdf_upload/gujarat-hc-order-173492.pdf

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Gujarat High CourtGujarat HCmbbs admissionMBBS seatmbbs studentzydus medical college and hospitalHomeopathic medical collegesSEBC reservationNational Eligibility Entrance TestNEETAdmission committee for professional under graduate medical courses

Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.