S. Ravindra Bhat, J.
1. This writ petition calls for resolution of a challenging paradox. On the one hand is the claim of the petitioner, a candidate declared to be merited, ranked 1600 in the common entrance examination held for admission to the first year MBBS course in the 15% All India Quota, conducted by the respondent Central Board of Secondary Education (hereafter 'CBSE'). The Medical Council of India (hereafter 'the MCI') and the Union of India on the other, deny his candidature on the ground that he does not fulfill the eligibility criteria prescribed, of having undergone the requisite period of study in Biology. Placed in the backdrop of the acute pressure on the limited number of vacancies available in the All India Quota (2400), the dispute raises difficult and disturbing issues involving interpretation of what constitutes 'merit'.
2. The facts leading to the present dispute are few, and largely undisputed. The petitioner finished his Senior Secondary Examination, in 2002, having successfully appeared in the Rajasthan Board of Secondary Education, after studying his 10+2 in the Seth Sr Dugar Senior Secondary School, Sardarshahar, with Physics, Chemistry, Mathematics, Hindi and English. He had also appeared in an additional subject, Computer Science. A copy of the certificate issued by the Rajasthan Board was issued on 29th April, 2002. The petitioner appeared in another examination later and passed in Biology. A copy of the certificate issued by the Rajasthan Board, dated 27/8/2002 has been produced.
3. The CBSE conducts the All India Pre-Medical/Pre-Dental Entrance Examinations, for the purpose of filling the All India quota seats. The petitioner submitted his application on 5-11-2005; on the basis of the information supplied by him, the CBSE permitted him to appear in the examination, held on 2-4-2006 (being the preliminary examination) and on 14th May, 2006 (the final examination). As per his performance, the petitioner was ranked 1600 in the results declared by the CBSE. The procedure prescribed by the CBSE includes two rounds of 'counselling' where students are, on the basis of ranking, offered the choice of available seats in different institutions. The petitioner reported for counselling on 2-7-2006. He was informed that no seat could be offered, as he did not fulfill the eligibility criteria of having studied Biology for two years in the 10+2 of the Senior Secondary stage of education. He approached the Rajasthan High Court, but eventually, on 2-8-2006, withdrew that writ petition, and preferred these writ proceedings. He claims a direction to the respondents to permit him to participate in counselling, and offer him a seat in the All India quota.
4. The petition was heard for the first time on 7th August, 2006; it was submitted on that day that the last round of counselling was scheduled the next date. An ad-interim direction was issued to the Central Government, which was represented through counsel, on advance notice, to permit the petitioner to participate in the counselling, and in the event of his being found succesful, offer him a seat, subject to outcome of the proceedings. The respondents were also directed to keep a stand-by candidate who could be offered the seat in the eventuality of the petitioner not succeeding in the proceedings.
5. The MCI was imp leaded in these proceedings. They appeared later, and were heard. The MCI, CBSE as well as the Central Government filed their respective returns.
6. The stand of the MCI and the Central Government is that by virtue of Section 33 of the Indian Medical Council Act, Regulations on Graduate Medical Examination being Medical Council of India Regulations on Graduate Medical Education, 1997 were framed; they are binding and mandatory. It is averred that Regulation 4, inter alia, prescribes the minimum eligibility criteria for admission to First Bachelor of Medicine and Bachelor of surgery (MBBS) course. As per the provision every candidate should have undergone 10+2 examination i.e. 12 years of study, of which the last two years of study should comprise of Physics, Chemistry, Biology and Mathematics and any other subject with English.
7. It is averred that the petitioner had passed his Senior Secondary examination in the year 2002 with subjects as Physics, Chemistry, Mathematics, Hindi and English and that a perusal of the Certificate of the Board of Secondary Education, Rajasthan also indicates that he had offered Computer Science as an additional subject. It is, thereforee, denied that the petitioner had opted for Biology as an additional subject, which is ex facie contrary to the record. The stand of the petitioner that he fulfills the criteria, by relying on the certificate issued on 27-8-2002 has been disputed on the ground that neither the certificate nor does the petition indicate when the aforesaid examination in Biology was taken.
8. Both the MCI and the Central Government have averred that reliance placed on Code 06 of the Brochure issued by the CBSE or Clause 4(2)(f) of the Regulations is misconceived as it predicates the pursuit of regular and co-terminus/simultaneous teaching and training in Physics, Chemistry and Biology at the Higher Secondary Examination. It is thereforee averred that the said provision cannot be so interpreted so as to render nugatory the effect of the provision of Clause 4(2)(a) to (e) of the Regulations.
9. The CBSE does not dispute the basic facts. Interestingly, it has taken a view that diverges from the stand of the MCI and Central Government. It avers that the petitioner is entitled for counselling as he ranked 1600 in the merit list prepared by it. According to it, the petitioner fulfills the eligibility criteria for MBBS course as provided in the Bulletin for the Entrance Examination, since he is covered in 'Code 06'. It is thereforee alleged that even if the petitioner is held ineligible, as per code 01, he would be reckoned eligible as he fulfills the later criteria, not with standing his having opted in Code 01. CBSE further states that the Rajasthan Board does not mandatorily provide for study of 2 years in Biology for the 10+2 stage of the Senior secondary examination. The qualifications and qualifying codes are in the alternative, it is not essential for a candidate to fulfill the requirement prescribed in each code.
10. Mr. Manu Mridul, learned Counsel, submitted that the petitioner fulfilled the eligibility criteria prescribed in the bulletin as well as the regulations prescribed by the MCI. It was submitted that the stipulation of having to qualify in Biology had to be read broadly, and not in a literal fashion, in respect of Code 01. As long as the candidate was able to furnish evidence that he did indeed qualify in biology, even as a private candidate, he was to be considered eligible. Counsel also relied on the certificate issued in August, 2002 by the Rajasthan Board to say that the petitioner did not appear in the examination as in a supplementary examination. The marks sheet, it was submitted, clearly showed that the petitioner was evaluated for both the written, examination, and practical tests.
11. Counsel further submitted that having being ranked 1600 in the Entrance examination, whose content was as per the stipulations of the MCI, the petitioner could not be denied his right to a medical seat, on a technical interpretation of the eligibility criteria.
12. Ms. Pratibha Singh, learned Counsel, submitted that the entire scheme of the 1997 Regulations and the conditions of examination, (which are in pari materia with the regulations) have to be read as a whole. So viewed, every candidate aspiring admission in a medical seat has to necessarily undergo 2 years continuous education at the 10+2 level or equivalent, with Physics, Chemistry and Biology, with practical training. The petitioner did not fulfill the criteria, as he had cleared in the 10+ 2 examination with Physics, Chemistry and Mathematics. The marks sheet in the main examination indicated that the petitioner had undergone 2 years continuous schooling with Physics and Chemistry, and had cleared the practicals in those subjects. However, he appeared in the Biology examination separately, a few months later, as a private student. This clearly implied that he did not have training in practicals for 2 years. It was submitted that the requirement of having to undergo practicals in the 2 years was of crucial importance, in medicine, as it was an essential ingredient of the course. A student who merely appeared and succeeded in a supplementary or additional examination in biology, with no 2 years training in the subject, could not be considered eligible. Counsel also relied upon a clarification issued by the MCI on 15-9-2006 in the case of a student who had undergone only one year study in Biology, and stated that the candidate was determined not to be eligible.
13. Learned Counsel submitted that as per the decision of the Supreme Court in State of Kerala v. T.P. Roshana : [1979]2SCR974 , to say that the Medical Council was constituted primarily as an expert body, and its determination required deference. It was also submitted that as per the decision of the Supreme Court in Principal PatnaCollege v. Kalyan Srinivas Raman : [1966]1SCR974 , the court ought not to, in exercise of the jurisdiction under Article 226 of the Constitution of India, interdict the expert decision of a body like the University or the MCI.
14. Mr. Seva Ram, learned Counsel for the Union of India, submitted that the petitioner, in his application form, had declared that he was applying as per code 01. The facts of the case showed that as per that provision, the petitioner was clearly ineligible. thereforee, he could not claim benefit of any other Code. It was also submitted that in matters of standards, the court cannot take a position ignoring the decision of the expert body, as it would undermine academic standards, unless the provision in question is construed in an ex facie arbitrary or perverse manner.
15. Ms. Manisha Singh, counsel for the CBSE submitted that the petitioner was eligible, as per the opinion of CBSE, since he fulfilled the requirement in Code 06, i.e. having passed in an equivalent examination. That provision did not insist on a candidate having studied biology for 2 years; it was sufficient if he had passed in the subject. The petitioner fulfilled the criteria, having cleared the biology examination from the Rajasthan board. The requirements of the various codes were independent, and disjunct, and not in the cumulative. Thus, the Rajasthan Board examination having being determined equivalent to the 10+2 board examination, the matter ended, and the petitioner had to be given relief.
16. It would be necessary to notice the relevant provisions of the Bulletin issued by CBSE, in 2006 for the examination, spelling out the eligibility conditions. These are admittedly in pari materia with the MCI Regulations. They are extracted below:
8. ELIGIBILITY AND QUALIFICATIONS
(i) He/she has completed age of 17 years at the time of admission or will complete the age on or before 31st December of the year of his/her admission to the1st year M.B.B.S./Dental Course and is an INDIAN NATIONAL.
(ii) Students from the States of Andhra Pradesh/J&K; are not eligible, as both these States had opted out of All India Scheme since its inception. If they claim eligibility they must submit an affidavit, in original, in the proforma on Rs. 10/- Non-Judicial Stamp Paper duly sworn before and attested by a Metropolitan Magistrate/First Class Judicial Magistrate to the effect that:
(a) They are not eligible to compete for MBBS/BDS seats in the States of Andhra Pradesh/J&K; and hence not eligible to seek admission in Medical/Dental College of Andhra Pradesh/J&K.;
and
(b) They are not domiciled in Andhra Pradesh/J&K.;
Note: Applications not accompanied with the required affidavits or accompanied with incomplete, unattested or photocopy of the affidavit shall be summarily rejected without any further reference in the matter. The affidavits submitted by such candidates will be verified and if found to be false, the admission of all such candidates shall be cancelled and criminal proceedings may be initiated against them.
For Format of Affidavit please see Appendix IV.
(iii) Qualifications and Qualifying examination Codes:
CODE : 01
The Higher/Senior Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher/Senior Secondary Examination after a period of 12 years study, the last two years of such study comprising Physics, Chemistry, Biology (which shall include practical tests in these subjects) and Mathematics or any other elective subject with English at a level not less than the core course for English as prescribed by the National Council of Educational Research and Training after introduction of the 10+2+3 educational structure as recommended by the National Committee on Education.
OR
CODE : 02
The Intermediate/Pre-degree examination in Science of an Indian University/Board or other recognized examining body with Physics, Chemistry, Biology (which shall include practical test in these subjects) and English.
OR
CODE : 03
The Pre-professional/Pre-medical Examination with Physics, Chemistry, Biology & English after passing either the Higher Secondary Examination or the Pre-University or an equivalent examination. The Pre-professional/Pre-medical examination shall include practical test in these subjects.
OR
CODE : 04
The first year of the three years' degree course of a recognized University with Physics, Chemistry and Biology including practical tests in these subjects provided the examination is a University Examination and further that he/she has passed the earlier qualifying examination with Physics, Chemistry, Biology and English.
OR
CODE : 05
B.Sc. Examination of an Indian University provided that he/she has passed the B.Sc. examination with not less than two of the subjects Physics, Chemistry, Biology (Botany, Zoology) and further that he/she has passed the earlier qualifying examination with Physics, Chemistry, Biology and English.
OR
CODE : 06
Any other examination which in scope and standard is found to be equivalent to the Intermediate Science Examination of an Indian University/Board, taking Physics, Chemistry and Biology including practical tests in each of these subjects and English. Provided that to be eligible for competitive entrance examination, candidate must have passed any of the qualifying examinations as enumerated above. Provided also that to be eligible for competitive entrance examination the candidate must have passed in the subjects of Physics, Chemistry, Biology and English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry and Biology at the qualifying examination. In respect of the candidates belonging to Scheduled Castes, Scheduled Tribes or Other Backward Classes the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination be 40% instead of 50% for General Candidates.
Provided further that the students of Indian nationality educated abroad seeking admission into medical colleges in India must have passed in the subjects of Physics, Chemistry, Biology and English up to the 12th Standard level with 50% marks and their equivalency determined as per regulations of the Medical Council of India and the concerned University. If a candidate does not fall within the qualifications prescribed as per Code number 01-06 he/she should furnish complete details to determine eligibility.
OR
CODE : 07
A candidate who is taking up the qualifying examination prior to the competitive test, or whose result is awaited, may also apply and take up the said test but he/she shall not be eligible for admission to the M.B.B.S or Dental Course, if he/she does not pass the qualifying examination with the required pass percentage of marks at the time of first round of allotment by personal appearance.
NOTE:
(a) The Pre-medical course may be conducted either at a Medical College or a Science College.
(b) After the 10+2 course is introduced the integrated courses be abolished.
(c) Marks obtained in Mathematics are not to be considered for admission to M.B.B.S. Course.
(d) No State eligibility criteria will be applicable to the students who take admission under 15% All India Quota Scheme.
(e) There is no provision for change of College/transfer from one Medical College to another or one State to another after completion of 2nd round of counselling. Directorate General of Health Services will not entertain such type of transfer/change request/court cases after completion of 2nd round of counselling.
16. The narrow, but important issue to be decided is whether the condition in Code 01, under which the petitioner applied for admission, insists, as a condition of eligibility, that every candidate, apart from qualifying in the entrance examination, has to necessarily undergo two years' education at the 10+2 level in each of the concerned subjects, i.e. Physics, Chemistry and Biology, or whether it is sufficient if the student qualifies in the final examination, of the concerned Board.
17. The crucial expression in Code 01, under which the petitioner applied, read as follows:
The Higher/Senior Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher/Senior Secondary Examination after a period of 12 years study, the last two years of such study comprising Physics, Chemistry, Biology (which shall include practical tests in these subjects)
The petitioner's stand is that the expression 'last two years' study comprising...' do not mandate two years' continuous study in each of the subjects; it is sufficient if the student qualifies himself in the 10+2 level in the subject concerned. Much emphasis was placed upon the provisions of Code 06, which do not stipulate the requirement of ' the last two years of such study comprising...' but merely refer to the student having qualified in a Board whose standard is deemed equivalent to the CBSE's levels, by the CBSE itself. Since the Rajasthan Board's examination is deemed equivalent by the CBSE, the insistence on the last two years of study in each of the subjects is not essential, as per the petitioner. This viewpoint is supported by the CBSE.
18. The MCI's insistence on the last two years study in each subject being essential is on the footing that such study necessarily assimilates periodic practicals, and evaluation of the student (and his aptitude) in such activity, which is vital for a study of medicine. It is stressed that such insistence is not an empty or ritualistic exercise, but a matter of standards, having regard to the nature of medical education.
19. The All India Entrance Examination was conceived by the executive, as a sequel to the all India quota mandated in judgments of the Supreme Court, and directed in the judgment reported as SharwanKumar v. Director General Health Services : AIR1994SC1448 . About 2400 All India quota seats are open to competition, and a large number of candidates appear in the entrance examination. thereforee, the petitioner's academic standard in securing a ranking as high as 1600 is creditable, to say the least. The effort is all the more commendable, having regard to the circumstance that he did not undergo the rigours of 2 years' study; admittedly, he studied in Biology, after appearing in the examination with other subjects, two months later. His effort is perhaps like that of the self-taught order Eklavya, in the Mahabharata, who was unequalled in skill and prowess, even surpassing the legendary Arjuna. The issue thereforee, not pertaining to assessment of merit, of which there can be no two opinions, but the eligibility of the petitioner, having regard to the stipulations in the conditions governing the Entrance Examination and provisions of the statutory Regulations of MCI.
20. In the decision of the Supreme Court, reported as State of T.N. and Anr. v. Adhiyaman Educational & Research Institute : (1995)4SCC104 the need to adhere strictly to standards, and not permit deviations, even statutory deviations prescribed by academic bodies, other than the technical or expert organization empowered to do so, was emphasized in the following terms:
As pointed out earlier, so far as technical institutions are concerned, the norms and standards and the requirements for their recognition and affiliation respectively that the State Government and the University may lay down, cannot be higher than or be in conflict and inconsistent with those laid down by the Council under the Central Act. Once it is accepted that the whole object of the Central Act is to determine and coordinate the standards of technical education throughout the country, to integrate its development and to maintain certain standard in such education, it will have to be held that such norms, standards and requirements etc. will have to be uniform throughout the country. Uniformity for the purposes of coordinated and integrated development of technical education in the country necessarily implies a set of minimum standards the fulfillment of which should entitle an. institution and its alumni, titles, degrees and certificates to recognition anywhere in the country.
In a similar vein, the role of an expert body, i.e. the MCI and the primacy accorded to it by law, was underlined in State of Kerala v. T.P.Roshana : [1979]2SCR974 , as follows:
The Indian Medical Council Act; 1956 has constituted the Medical Council of India as an expert body to control the minimum standards of medical education and to regulate their observance. Obviously, this high-powered Council has power to prescribe the minimum standards of medical education. It has implicit power to supervise the qualifications or eligibility standards for admission into medical institutions. Thus there is an overall invigilation.
This view was reiterated by a Constitution Bench, in Preeti Srivastava v. State of MP : AIR1999SC2894 , and later expressed in Sanjeev Guptav. Union of India : AIR2005SC300 .
21. If the above principles are to be kept in mind, the scope of the court's determination would be a restricted one, to examine whether the interpretation placed by such an expert body as the MCI is plausible, and whether it is on the whole reasonable, and non-arbitrary.
22. Viewed from such a perspective, it is evident that the expression 'comprising' of in Code 01 qualifies the requirement of having to study 2 years in each of the subjects. The express mention of practicals, along with the expression 'comprising' in the context, thereforee, assumes significance. As a result, the conclusion reasonably deducible would be that the student is required to have undergone a course of study in the 10+2 pattern, with the last two years comprising study, with practicals, in Physics, Chemistry and Biology. If the other interpretation is preferred, hypothetically, a student who does not undergo training for 2 years in any or all of the three subjects, but who qualifies in some subsequent additional or supplementary examination would also be eligible. Though this interpretation appears tenable, on a textual interpretation of Code 06, a deeper scrutiny would reveal that such construction is impermissible. One, the Proviso to Code 06 dealing with students of Indian nationality who study abroad, too, should have qualified in all the three subjects after having studied up to 12th standard level in those subjects. This reinforces the continuous nature of education for the last two years. Two, the issue is not merely of interpretation of an ambiguous provision, but construction of minimum standards, which are essential.
23. Long back, in the decision reported as Jagadish Saran (Dr) v. Union ofIndia : [1980]2SCR831 , the Supreme Court had explained the need for admission of meritorious students, and the limited role played by the courts in evaluation of academic related issues, pertaining to admission to medical courses, in the following terms:
Merit must be the test when choosing the best, according to this rule of equal chance for equal marks. This proposition has greater importance when we reach the higher levels of education like post-graduate courses. After all, top technological expertise in any vital field like medicine is a nation's human asset without which its advance and development will be stunted. The role of high grade skill or special talent may be less at the lesser levels of education, jobs and disciplines of social inconsequence, but more at the higher levels of sophisticated skills and strategic employment. To devalue merit at the summit is to temporise with the country's development in the vital areas of professional expertise. In science and technology and other specialised fields of developmental significance, to relax lazily or easily in regard to exacting standards of performance may be running a grave national risk because in advanced medicine and other critical departments of higher knowledge, crucial to material progress, the people of India should not be denied the best the nation's talent lying latent can produce. If the best potential in these fields is cold-shouldered for populist considerations garbed as reservations, the victims, in the long run, may be the people themselves....
41... We are aware that measurement of merit is difficult and the methods now in vogue leave so much to be desired, that swearing by marks as measure of merit may even be stark superstition. But, for want of surer techniques, we have to make do with entrance tests, and at any rate, save in clear cases of perversity or irrationality, this is ordinarily out of bounds for courts..the Court must act only on sure ground, especially when matters of policy, socio-educational investigation and expert evaluation of variables are involved. Judges should not rush in where specialists fear to tread.
24. In view of the foregoing reasons, I am of the opinion that the interpretation placed by the MCI has to prevail over the construction favored by CBSE, and pressed into service by the petitioner. One cannot, however help but lament the total inadequacy of the examination system for medical courses, in the All India quota, highlighted by sharp relief, in this petition. Twenty six years ago, the Supreme Court had expressed that the methods then in vogue left so much to be desired; despite strides in examination techniques, the end result appears to have remained the same. A meritorious student like the petitioner who could secure a high ranking in the coveted All India quota, has yet been denied the seat. What has also emerged in the process is that the All India Entrance Examination conducted by the CBSE does not contain any practical examination; perhaps incorporation of such a procedure in the examination process could have addressed, to a large measure the concerns of MCI about the proficiency and aptitude of candidates who are ultimately selected through the process, and their abilities in practicals. One can only hope that suitable remedial action is taken soon; yet that would be no consolation to the petitioner, who may at best derive cold comfort if and when the system is changed.
25. In view of the foregoing reasons, the petition cannot succeed; it is accordingly dismissed, with no order as to costs. The interim order is hereby vacated.