Mrunal Uday Mithari vs Directorate of Medical Education and Research

Anoop V. Mohta, J.—Rule, returnable forthwith. Heard finally by consent of parties.

The Petitioner after passing her HSC examination appeared for National Level Eligibility cum Entrance Test (NEET(UG) 2013 ) which was the single eligibility cum entrance examination for the academic year 2013-2014 for admission to MBBS courses throughout India. The Petitioner even appeared for MH-CET-2014 - the entrance test conducted by the Respondents for admission to MBBS and BDS courses within the State of Maharashtra for the academic year 2014-15 based upon the Information Brochure published some time in February 2014. The Petitioner, after going through the same, having full knowledge of the Rules and Regulations so announced and published by the State of Maharashtra, based upon the MCI Regulation/Instructions, applied for registration on-line. The Petitioner appeared in the examination some time in May 2014. The results were declared on 5 June, 2014. The merit list was published on 25 June 2014. The last date for giving preferences was 26 June 2014. The statement is made by the learned counsel appearing for the Respondents that 4th round for admission/counselling was over on 23 September 2014. As many as 95% seats are already filled in. Last date for admission, even if any, is 30 September 2014 as per the Supreme Court direction/order in Hind Charitable Trust Shekhar Hospital Pvt Ltd. v. Union of India and ors., in Writ Petition (Civil) No. 469 of 2014 decided on 18 September 2014.

The Petitioner, therefore, as recorded above, has full knowledge of the practice so adopted of calculating percentage to derive and decide the merits of such eligible candidates. The Petitioner has filed the present Writ Petition on 24 July 2014 and amended on 22 August 2014 and basically prayed to quash and set aside the eligibility criteria for admission to MBBS and BDS courses as mentioned in Clause 4.9 of the Brochure. It is also prayed to cancel all results declared for MH-CET-2014 and direction to re-declare all results of MH-CET-2014 on the basis of the percentile system of grading and thereafter grant admission to MBBS and BDS course on the basis of such revised mark sheets issued to all candidates. The Petitioner also prayed for direction against Respondent No. 1 to substitute clause 4.9 of MH-CET-2014 Brochure with clause 4.9 of NEET UG 2013 Brochure so as to make the eligibility criteria of MH-CET-2014 consistent with that of NEET UG 2013 viz. That the eligibility criteria will be based on the percentile system of grading and thereafter to re-declare the said results for MH-CET-2014 and to grant admission to MBBS Course on the basis thereof. Clause 4.9 of MH-CET-2014 is reproduced as under :

"4.9 CET-Marks Eligibility for Admission to MBBS and BDS Courses :

A candidate belonging to open category must secure not less than 50% marks in Physics, Chemistry and Biology (PCB) taken together at Common Entrance Test i.e. MH-CET-2014. A candidate belonging to constitutional reservation (Annexure B) and constitutional reservation with Person with Disability (PWD) must secure not less than 40% marks in Physics, Chemistry and Biology (PCB) taken together in the MH-CET- 2014. Person with Disability in General category must secure not less than 45% marks in Physics, Chemistry and Biology (PCB) taken together in the MH-CET-2014."

We are declined to accept this submission at this fag end of the academic session for the basic reason of delay and laches. The Petitioner has participated in all these proceedings knowing fully the policy of the State of Maharashtra so announced to insist the marks on the basis of percentage of the marks, in our view, just cannot be overlooked. The Petitioner''s counsel referring to Medical Council''s Notification dated 15 February 2012 bearing No. MCI-31(1)/2010-Med/62051, clause 4 which, as stated by the learned counsel appearing for the Respondent, that in Christian Medical College Vellore and Others Vs. Union of India and Others, the Apex Court has raised various issues about it. The submission that this rule is not declared ultra vires and bad in law just cannot be the reason to accept the present contentions of the Petitioner. We are not inclined to deal with the same as the State of Maharashtra, has taken the policy decision to assess the marks on percentage basis and of which there is no challenge raised by anyone at appropriate stage. Even otherwise, considering the policy and the scheme so adopted by the State of Maharashtra of assessing the marks on the basis of percentage, we see there is no illegality and/or arbitrariness. It is well within the frame work of law apart from the regular practice as decided to follow by the State of Maharashtra for this academic year 2014-15.

The question of "estoppal against Statute" as raised, in the facts and circumstances of the case, also need no further discussion as the State Government are under obligation to follow the Rules and Regulations and the Instructions so given by the MCI, the highest authority for regulating these courses and education. They have also no objection in accepting the mode of percentage to be followed by the State of Maharashtra for deciding the merits of the students. All the parties have acted upon accordingly including the students apart from the Petitioner herself. Therefore at the instance of the Petitioner, the issue of "estoppal against statute" so agitated is misconceived and not acceptable. We are inclined to observe that the doctrine of estoppal is not of any assistance at instance of the Petitioner. She is bound by it. We are also inclined to observe that Respondents have acted within the frame work of policy so declared. There is no illegality.

In view of the above observations, we are declined to entertain the present Petition. Therefore, the same is dismissed. Rule discharged accordingly. There shall be no order as to costs.