Judgment:
C.M. Nayar, J.
(1) Heard learned counsel for the parties.
(2) The present petition is directed against respondents 2 and 3 for issuance of a writ of certiorari for quashing the list dated July 8, 1996 which relates to provisional admission in BUMS/BAMS Course for the current academic year as the petitioner is alleged to have been wrongly excluded. The said impugned list is filed as Annexure P-3 to the writ petition.
(3) 'THE petitioner passed the Intermediate Examination of Intermediate Board, U.P. in the year 1993 with 93.6 per cent marks in P.C.B.( Physics, Chemistry and Biology). The marks sheet filed as Annexure P-1 to the writ petition reads as follows: Anukramank Name of Candidate Varg Kramank 0824982 Faraz Rizvi B1 D19433 Name of School Centre Pariksha Sanstha Pravarg Vyaktigat Mnintlcoll Saraighasi Full Exam Private Bulandshahr
___________________________________________________________________________ SubjectMaxi.PassMarksobtainedTotalGrossTotalandResult ____________________________________________________________________________ GENERAL100 33 1/202/173/22 59 421/500 Hindi Passed ____________________________________________________________________________ English 100 33 1/382/44 82 D________ ____________________________________________________________________________ Physics 100 33 1/332/32065 95 D P/30 First Honers ____________________________________________________________________________ Chemistry 100 33 1/332/33066 94 D P/28 ____________________________________________________________________________ Biology 100 33 1/292/32066 91 D P/30 ____________________________________________________________________________ S/d. of Inspector Sig. of Principal
sd/- Principal with seal Dated:
Adhanan dircter College, Sarai,
Ghasi Bulandshahar
(4) In the year 1996 the petitioner applied for the Course of B.U.M.S./B.A.M.S. in Ayurvedic & Unani Tibbia College, respondent No.2 herein. The said respondent is affiliated to respondent No. I and conducts classes for Bachelor of Ayurvedic Medicine and Surgery (B.A.M.S.) and Bachelor of Unani Medicine and Surgery (B.U.M.S.). The necessary qualifications .for the Course are referred to in the Prospectus filed as Annexure P-2 to the writ petition. The petitioner is only concerned for allocation of seat in the 15 percent quota of seats as prescribed by clause 3 which reads as follows: '3. Procedure For Filling Up Of Seats RESERVED/NON Reserved SEATS: A.A.C. Res. No. 14 (ii) dated 17.5.1987
'OUT of the total number of seats, the first 15% of the seats shall be kept for the candidates from all over India who have passed the prescribed qualifying examination from an Indian University/Board and the remaining 85% seats should be filled with the candidates who have passed the qualifying examination from Central Board of Secondary Education/Council for the Indian School Certificate Examination (12 years course) from the recognised schools conducting regular classes situated within the National Capital Territory of Delhi. 'The percentage of 2 categories will be interchangeable. Applicable for Auryvedic &: Unani Tibbia College. B. The Seats under these categories will be filled in order of merit based on the performance in the last qualifying examination.'
(5) The eligibility conditions are prescribed in clause 5 which can be reproduced as follows: 5. Eligibility Conditions A candidate seeking admission to these courses must have completed the age of 17 years before 1st day of October in the year of admission. Provided that the Vice-Chancellor may, on the basis of individual merits, relax the age limit up to a maximum period of one year. (I) Ayurvedacharya (B.A.M.S.) The candidate seeking admission to B.A.M.S. Course must have passed intermediate/12th Standard with Science (Physics, Chemistry & Biology) and English or any other equivalent qualification recognised by the University with 45% or more marks' in the aggregate of three subjects i.e. Physics, Chemistry, Biology and has also passed English from the recognised school conducting regular classes (except Patrachar Vidyalaya & Open School). While deciding the merit the marks obtained in English will not be taken into consideration.
NOTE: (i) Provided that the student has passed in all the subjects separately required for purposes of admission to B.A.M.S. Course. (ii) For B.A.M.S. he/she should have also passed the qualifying examination with Hindi either as M.I.L. or has passed middle examination with Hindi or equivalent. (II) KAMIL-E-TIBB-O-JARRAHAT (B.U.M.S.) The candidates seeking admission to B.U.M.S. Course must have passed Senior School Certificate Examination of the Central Board of Secondary Education, New Delhi (12 Year's Course)/Indian School Certificate Examination (12 Year's Course) or any other equivalent recognised examination thereto with 45% or more marks in the aggregate of three subjects i.e. Physics, Chemistry, Biology and has also passed one Language except S.U.P.W. from the recognised school conducting regular classes (except Patrachar Vidyalaya & Open School.) While deciding the merit the marks obtained in the language will not be taken into consideration. Note: (i)The candidate must additionally has passed English as subject of study either at the 10th Class level or 12th Class level (Course Elective.) (ii) Provided that the student has passed in all the subjects separately required for purpose of admission in B.U.M.S. Course. (iii) For B.U.M.S. he/she must have also passed the qualifying examination with Urdu either as M.I.L. or has passed High School/Matric Secondary examination or equivalent with Urdu.'
(6) The grievance of the petitioner is that despite having obtained high percentage of marks (93.6%) and being eligible for admission to B.A.M.S. as well as to B.U.M.S. Course, he has been denied admission by respondents 2 and 3. It is further contended that the impugned list contains atleast 5 candidates who have secured lesser percentage of marks than the petitioner. thereforee, he is entitled to admission over and above these candidates as he is higher in merit.
(7) Notice to show cause was issued to the respondents and they have filed the counter affidavit wherein plea is taken that the petitioner has not passed Intermediate Examination as a student of recognised school conducting regular classes. Reliance is placed on the eligibility conditions as contained in the prospectus where sub clause (1) of Clause 5 clearly specifies that the candidate seeking admission to the B.A.M.S. Course must have passed intermediate/ 12th Standard with Science (Physics, Chemistry & Biology) and English or any other equivalent qualification recognised by the University from the recognised schools conducting regular classes. The petitioner, it is argued, was .only enrolled as a private student for the intermediate course with M N Intl College, Sarai Ghashi Bulandshahr. thereforee, he cannot be held eligible for the admission to B.U.M.S./B.A.M.S. course. The learned counsel for the petitioner, on the other hand, has contended that the petitioner was enrolled with the above said college though he has appeared as a private candidate. He has taken full examination which is in no way different from the Examination conducted for other students. thereforee, the interpretation of the clause cannot operate to cause injustice and hardship to the petitioner as the Examination/Course for the Intermediate Examination for private candidates is in no way different from the Examination/course undertaken by students enrolled in a regular school. The facts are not in dispute. The petitioner has passed the Intermediate Examination from the Intermediate Board, U.P. securing high percentage of marks. He was enrolled as a private student of the College which otherwise was duly recognised. The petitioner has produced certificate from M.N.Inter College dated August 21,1996. This certificate clearly indicates that the petitioner attended classes regularly while doing his 11th class. He, however, was not a student of the college attending regular classes for 12th class and only appeared as a private candidate.
(8) There is no doubt that the examinations conducted by the U.P.Board are common to both regular and private students and there is no difference in question papers and evaluation of answer sheets. The results are declared simultaneously. The petitioner has been denied admission to B.U.M.S./B.A.M.S. Course on the ground that he did not pass his 12th class examination from a school conducting regular classes. The learned counsel for the petitioner has contended that it was not necessary for the petitioner to attend regular classes as th6 only requirement was that the school must be recognized conducting regular classes. This interpretation cannot be accepted as the student has to be enrolled in a school attending regular classes and in case he has only appeared as a private candidate, the admission to medical course cannot be granted to him. To satisfy myself, I requested the learned counsel appearing for the University of Delhi to place on record the provisions as to the practice followed by that University with regard to medical courses. He has filed Minutes of the meeting held on October Ii, -1995 by the Joint Committee of the Ayurvedic &: Unani Medicines as well as eligibility conditions for admission to 1st year B.A.M.S./B.U.M.S. Courses for .1995-96 and extract from the Bulletin of Information. He has contended that only students attending regular classes from a recognised school were allowed to study for medical Courses and this practice has been uniformly followed in all cases. This is so stated in the documents as mentioned above. The purpose of such a Regulation was to ensure uniform standards for medical courses in view of the nature of the studies which are undertaken for such courses. The essential qualifications are even Fixed for admission to MBBS/BDS courses by University of Delhi (Faculty of Medical Sciences). The relevant provisions for eligibility for entrance examination to the MBBS/BDS- courses are as follows: A. AGE: He/she has attained or will attain the age of seventeen (17) years as on 31st December 1996. Candidates attaining seventeen years on 1st January 1997 or latter will not be eligible to appear at the competitive entrance examination. B. Essential Qualifications For General CATEGORY; Candidates who have appeared/pas'sed 12th class Examination under 3.0+2 system conducted by the C.B.S.E./Council for the Indian School Certificate Examination Jamia Millia Islamia, New Delhi ( Except patrachar Vidyalaya and Open Schools) with required subjects i.e. Physics, Chemistry, Biology (Botany &: Zoology) and English (Core or Elective) securing minimum. 50% marks in aggregate in these subjects from the recognized Schools conducting regular classes situated within the National Capital Territory of Delhi only will be eligible for MBBS/BDS Entrance Examination conducted by the University of Dehi.'
(9) There are valid reasons to expect a candidate to attend regular classes for admission to medical courses. The same cannot be said to be, in any manner, arbitrary and discriminatory as all candidates are .similarly treated by the Authorities. Where it is not necessary to prescribe the conditions of attending regular classes from recognised schools, the Authorities have chosen not to insist on the same. The study of medicine requires, specialisation and the prescribed qualification obviously will be in the interest of the student who is expected to participate in practicals which cannot be available when one is embarking on the study for 12th class as a private-student. The University of Delhi in its own wisdom has also framed the regulations in the manner as indicated above. There has been no challenge to the same and the criteria that the students who have not attended the regular classes from a recognised school does not suffer from vice of arbitrariness and cannot be struck down as it has been uniformly applied for all medical courses. The petitioner has also not challenged the regulations as framed by the respondents nor has made the candidates who could be affected by decision in his favor as parties to the petition. It is also not open for this Court to give any direction to the University to disobey the regulations or to strike down the eligibility conditions which have been fixed after due deliberations and in public interest. This will violate the rule of law and any direction by this court to disobey the regulations which have not even been impugned in this petition is not called for in the facts and circumstances of the present case.
(10) There is no merit in this petition. The same is dismissed in limine. There will be no order as to costs.