Prashant Agrawal vs Professional Examination Board and others

S.P. Srivastava, J.

The Petitioner who had been allowed to appear at the Pre-Medical Test-2000 and was placed at serial number 23 in the waiting list prepared on the basis of the merit by the Professional Examination Board, Madhya Pradesh, and on that basis called by the Director, Medical Education, Madhya Pradesh, to appear for the grant of admission to the M. B. B. S., course, for which the counselling was scheduled to take place on 27th and 28th of September, 2000, was prevented from taking part in the counselling who had moved an application objecting to it addressed to the Sanchalak, Chikitsa Shiksha, Madhya Pradesh, Bhopal, on 28-9-2000, in vain, has now approached this Court seeking redress praying for a direction to the Respondents requiring them to admit him the in the M.B.B.S., course, praying further that the Respondents be required not to insist upon the obtaining of 50% marks in the subjects of Physics, Chemistry and Biology taken together in the Higher Secondary

School Certificate (10 + 2) Examination treating the same as the qualifying marks for admission to the medical and dental courses.

We have heard the Learned Counsel for the Petitioner as well as the Learned Counsel representing the Respondent No. 1 and the Respondent No. 2, who have filed their separate counter-affidavits/returns in opposition to the writ petition and have carefully perused the record.

The facts in brief shorn of details and necessary for the disposal of this writ petition lie in a narrow compass: The Petitioner had appeared in the Higher Secondary School Certificate Examination (10 + 2) in the year 1996 held by the Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal, and had secured 146 marks out of 300 marks in the subjects of Physics, Chemistry and Biology taken together which comes to 48.6%. He was allowed to appear in the Pre-Medical Test-2000 (entrance examination) to the medical and dental courses held by the Professional Examination Board, Madhya Pradesh and secured 924 marks out of 1,200 marks that is to say 77.3% marks and was placed at serial number 23 in the waiting list prepared on the basis of the merit.

The Sanchalak, Chikitsa Shiksha, Madhya Pradesh vide his letter dated 29-8-2000, required the Petitioner to appear at the counselling scheduled to take place on 27th and 28th September, 2000, for his admission to the M.B.B.S. /B.D.S. courses.

I. A. No. 7550/2000, was filed by the Petitioner in the present case supported by an affidavit asserting that when he appeared before the Director, Medical Education, Bhopal, as required, he was not permitted to take part in the counselling. He, thereafter, moved an application dated 28-9-2000, addressed to the Minister, Chikitsa Shiksha, Madhya Pradesh, Bhopal annexing there with the copy of the application filed by him which was moved before the Sanchalak, Chikitsa Shiksha, Madhya Pradesh, Bhopal, on 28-9-2000.

In the aforesaid application, in paragraph 4, it had been indicated that on 27-9-2000, the Petitioner had appeared at the counselling along with the call letter and the original documents but his entrance examination was cancelled after scrutiny and he was not allowed to take part in the counselling. When a request had been made to give reasons for the action, the prayer in this regard was refused.

In the aforesaid application, I. A. No. 7550/2000, it was asserted that the waiting list upto serial number 96 had been exhausted but the Petitioner had not been granted an admission. It may be noticed that in the entrance examination held by the Professional Examination Board, the merit position of the Petitioner in the waiting list was shown to be 23.

The correctness of the aforesaid facts have not been disputed by the Learned Counsel for the Respondents.

In the counter-affidavit/return filed by the Respondent No. 2 it has been asserted that the rules regulating the admissions to the medical courses i.e., Pre-medical Test-2000 Rules, the condition indicated in Rule 2.5.2 had been incorporated as per the directions contained in the "Medical Council of India Regulations on Graduate Medical Education, 1997" wherein sub-regulation No. 5, a condition stand imposed that a candidate for admission to medical courses must have obtained not less than 50% marks in General English and 50% marks taken together in the subjects of Physics, Chemistry and Biology in the qualifying examination.

It was further asserted that as per the Regulations of the Medical Council of India and the Pre-Medical Test-2000, Rules, the Petitioner was not eligible to appear in the Pre-Medical Test-2000 (entrance examination) for getting admission in the M.B.B.S., and the Dental courses because the Petitioner did not have to his credit 50% marks in English and 50% marks taken together in the subjects of Physics, Chemistry and Biology in the qualifying examination i.e. 10 + 2.

It was also indicated that the provisions for requiring 50% marks in the subject of General English had been dispensed with in the P.M.T.-2000 examination but the condition of obtaining 50% marks in the subjects of Physics, Chemistry and Biology taken together was continued to be retained in the qualifying examination i.e., 10 + 2 and as the Petitioner had not obtained 50% marks in General English and 50% marks taken together in the subjects of Physics, Chemistry and Biology in the qualifying examination i.e., 10 + 2, therefore, in view of Rule 2.5.2. of the P.M.T.-2000 Rules, the Director had rightly not allowed the Petitioner to take part in the counselling.

The Respondent No. 2 tried to justify the action of the Director asserting that while the marks obtained in the Pre-Medical Examination were relevant but for the Petitioner to become eligible, he ought to have to his credit the required percentage of marks in the qualifying examination i.e., 10 + 2 also which according to the Respondent No. 2 in the present case had to be taken to be Higher Secondary School Certificate (10 + 2) examination. In this connection, it was pointed out that the letter issued by the Director inviting the Petitioner for attending the counselling had been issued on the basis of the marks obtained by him in the Pre-Medical Test-2000 Examination, without looking into the marks obtained by him in the qualifying examination, i.e., 10 + 2, which were only seen at the time of counselling and after perusal of the marks in the qualifying examination, i.e., 10 + 2, the Petitioner had not been permitted to participate in the counselling and there was no question of any estoppel.

The Respondent No. 2 in its counter-affidavit/return, had asserted that it was the responsibility of the Petitioner to ensure that he possessed the required qualification satisfying the essential requirements prescribed under the rules regulating the Pre-Medical Test-2000 (entrance examination) before appearing at the said examination.

The Respondent No. 2 took a definite stand in the counter-affidavit/return filed by it to the effect that the Petitioner did not possess the percentage of marks required in the qualifying examination, i.e. 10 + 2 as per the Rule 2.5.2 of the Pre-Medical Test-2000 Rules, and as such he was not entitled for admission in the M.B.B.S., and B.D.S., courses. In this connection, it was also indicated that at the time of permitting a candidate in the Pre-Medical Test Examination, the mark list of the qualifying examination, i.e. 10 + 2 or 12th Class is not to be seen and it was to be seen at the time of the counselling only, therefore, on the basis of the admit card issued in favour of the Petitioner and the call letter issued by the Director requiring him to appear at the counselling, he was not entitled to derive any benefit out of the same and the question of estoppel did not arise.

In its separate counter-affidavit/return filed by the Professional Examination Board, the Respondent No. 1, it was asserted in paragraph 5.1 of the same that "even if the Petitioner had applied to appear for the examination and he did not fulfil the criteria as prescribed under condition No. 2.5.2 of the Pre-Medical Test-2000 Rules, he could not be allowed to appear in the examination." The Board had asserted in paragraph 5.6 that the provision for requiring 50% marks in the General English was not compulsory. It was further indicated in paragraph 6.B that the condition No. 2.5.2 was based on the guidelines of the Medical Council of India.

The Professional Examination Board, the Respondent No. 1 had filed its counter-affidavit/return on 24-4-2000.

During the pendency of the writ petition, I.A., No. 7737/2000, was filed on 16-10-2000, by the Petitioner seeking permission to amend the writ petition to bring on record the additional facts including the subsequent developments which application was allowed. The Professional Examination Board did not file any counter-affidavit/return denying or controverting the facts brought on record with the amendment of the writ petition.

17A. It may be noticed that the correctness of the assertions of the Petitioner that he had been placed at serial number 23 in the merit list (waiting) prepared by the Respondent-Board in the P. M.T. Examination held in the year 2000 was also not disputed by it. The Respondent-Board, however, in its counter-affidavit/return had asserted that in view of the provision contained in Rule 2.5.2 of the P.M.T.-2000 Rules, the Petitioner could not be taken to be entitled to get the admission in the M.B.B.S./Dental Course.

The State Government framed P.M.T. 2000 Rules, regulating the admission to the M.B.B.S. and B.D.S. courses in Medical/Dental Colleges in Madhya Pradesh, which were issued on 28-1-2000. These rules are contained in Chapter-2 of PMT Examinations Rules. The Board of Technical Education (Vyavsayik Pariksha Mandal, Madhya Pradesh, Bhopal) in its turn had issued "PMT-2000 Ke Pariksha Sanchalan Niyam". These rules for conduct of PMT- Examination 2000 are contained in Chapter-1: ''Part-Ba'' of the Rules.

The part ''Aa'' of the PMT Examination-2000 Rules contain the general directions in the matter relating to the conduct of examinations.

The rules relevant for the purposes of this case as contained in Chapter-2 of the Rules framed by the State Government are to the following effect:

ELIGIBILITY:

2.1. Domicile Requirements:

"2.2.2. Academic Requirement:

However, foreign nationals seeking admission as Government of India nominees will be duly considered on the basis of equivalence certificate granted to them by the concerned University or as stated by the External Affairs Ministry." 2.2.3. Age limit:

EARMARKING AND RESERVATION OF SEATS:

3.2. A candidate can claim reservation under only one of the reserved categories and/or class and must produce the certificate in the proforma prescribed for the purpose given in this rule book.

SEATS AVAILABLE:

MODE OF SELECTION:

5.1. An entrance test P.M.T.-2000, shall be conducted by Professional Examination Board, M.P. (Vyapam) Bhopal for selection of candidates other than the All India Candidates and Government of India nominees. The Vyapam will prepare merit-lists, course-wise and category-wise, on the basis of the PMT-2000. Those candidates belonging to reserved categories who, on the basis of their merit, find place in the merit list of General category will be counted against General category only and not against their respective reserved category. Such candidates shall be shown in the lists of General category as well as their respective reserved category. This will not be applicable to classes of horizontal reservation in various categories.

5.2. Qualifying Marks for admission to medical and dental courses:

A candidate for admission to Medical and Dental courses must have obtained not less than 50% marks in General English and 50% marks in Physics, Chemistry and Biology taken together, both at qualifying and competitive examinations,

Provided further that in respect of candidates belonging to Scheduled caste/Scheduled tribe and Other Backward Classes (OBC) the marks obtained be read as 40% instead of 50%.

For admission to M.B.B.S./B.D.S. courses, candidates have to appear in general english subject also. Marks obtained in general english will not be added in the aggregate but the candidate must secure at least 50% marks in general english to qualify for admission to these courses.

5.3. Offer of Admission:

The Director Medical Education will offer provisional admission to the selected candidates in Medical Colleges and the College of Dentistry, Indore in accordance with the merit list. The admission will be done through counselling conducted by the Director, Medical Education. The eligibility of the admission including caste certificate will be verified before the actual admission given by the Dean/Principal concerned and, in case, a candidate does not fulfil all the requirements including the bond condition laid down in Rule 2.5.5 and/or is not found eligible due to any other reason he/she will not be given admission and the provisional offer of admission will be treated as cancelled.

5.4. Allocation of institution to selected candidates will be done by merit-cum-preference. A candidate belonging to general category shall be allowed to select an institution from among those in which seats under general category are available at his/her turn, taking into account his/her order of preference. A candidate belonging to reserved category may select an institution from among those in which seat under either general category or his/her order of preference. No change will be made once the admission procedure for M.B.B.S./B.D.S. course is over.

5.5............................

5.6. Cancellation of Admission:

If it is found that a candidate has succeeded in getting admission to any college/institution on the basis of false or incorrect information or by hiding relevant facts or if, at any time, after admission it is found that the admission was given to the candidate due to some mistake or oversight, the admission granted to such candidate shall be liable to cancellation forthwith without any notice, at any time, during the course of his/her studies by the head of the institution. In case of any dispute or doubts concerning admission etc., decision of the Director of Medical Education shall be final.

MEDICAL FITNESS:

CLOSURE OF ADMISSION:

PAYMENT STATE QUOTA SEAT:

MODIFICATION TO RULES/PROCEDURES:

The State Government reserves the right to amend any rule/procedure for admission to Medical/Dental Colleges and any modification, if made, shall be binding on all candidates.

INTERPRETATION OF RULES:

The State Government shall be the final authority for deciding all questions of policy regarding selection of candidates for admission. If any question arises relating to the interpretation of these rules for admission, the decision of the State Government shall be final and binding.

In the Rules for conduct of examinations issued by ''Vyapam'' for P.M.T. Examination-2000, it has been indicated in Rule 1.3 of the Rules contained in Chapter-1, part ''Aa'' that all those candidates will be eligible for appearing at the P.M.T. examinations 2000 who have passed the qualifying examination in the subjects indicated in Chapter-2 and Chapter -3 or appearing in the main examination for the year 2000. In this connection attention of the candidates was invited specifically to Rules 2.2.2 and 3.2.

In the present case, the Rule 3.2, referred to hereinabove, is not attracted, as it relates to the admissions to the courses B.V. Sc. and A. H. courses. In Rule 1.3.2 aforesaid it is indicated that it will be responsibility of the candidate himself to ensure as to whether he satisfies the minimum eligibility criteria for admission to the examination. As has already been indicated hereinabove, the directions and the Rules regulating the examination as contained in Chapter-1 Part ''Aa'' and Chapter-1, Part ''Ba'', have been issued by ''Vyapam'' itself.

In the Rules for conduct of examination as contained in Chapter-1, Part ''Ba'' it also stands provided that the Rules regulating admission issued by the concerned departments of the State Government will be applicable for the eligibility/qualification for admission to the examination and whether candidate satisfies the minimum eligibility criteria will have to be ensured by the candidate himself. However, the rule contained in Rule 1.19.4 of Chapter-1, Part ''Ba'' a provision had been made for correcting the incomplete or incorrect applications and bio-data forms. In the aforesaid rule it is stipulated that in case after sending the application or bio-data form to the Board the candidate realises that he had committed a mistake and wants to rectify the said mistake or in case or the ''Vyapam'' finds on scrutiny that the candidate had furnished incomplete or incorrect information in that event such deficiencies could be removed subject to payment of fee of Rs. 100/- along with the application seeking rectification of the mistake. Such application could be moved only atleast 15 days before the date fixed for the examination.

The provisions contained in Rule 1.19.4 of Chapter-1, Part ''Ba'' of the Rules for conduct of examination issued by the Professional Examination Board (Vyapam) sufficiently indicates that ''Vyapam'' was vested with ample jurisdiction to scrutinise application-forms submitted by a candidate before permitting the candidate to appear at the competitive examination held by it.

Learned Counsel for the Petitioner has urged that a perusal of Rule 2.2.2 contained in Chapter 2 of the Rules for admission to undergraduate courses in Medical/Dental Colleges in Madhya Pradesh framed by the State and the provisions contained in Rule 2.5.1 as well as 2.5.2 of the Rules a distinction has been maintained between the eligibility to appear at the competitive entrance examination and the selection for admission to the M.B.B.S./Dental courses. The eligibility criteria referred to in Rule 2.2.2 of Chapter II of the Rules and the qualifying at the common entrance test for selection contemplated under Rule 2.5 of the Rules regulating the selection contained in that chapter have different fields of operation which do not overlap in any manner. What has been urged is that the words "eligibility" as used in Rule 2.2.2 and the word "qualification" used in Rule 2.5.1 and Rule 2.5.2 of the Rules cannot be held to be used interchangeably. The "eligibility" referred to in Rule 2.2.2 connotes the minimum criteria which has to be satisfied before a candidate could be allowed to appear at the common entrance test and the qualifications for the grant of admission to the Medical/Dental Courses is the merit position obtained by a candidate in the common competitive entrance examination.

It is pointed out in the aforesaid connection that Rule 2.2.2 of the Rules, refers to the academic requirements/and what stands prescribed is that a candidate seeking admission to M.B.B.S./B.D.S. courses must have passed the 12th (10 + 2) class in the course of study prescribed by the Madhyamik Shiksha Mandal, Madhya Pradesh in the subjects of Physics, Chemistry and Biology as well as English. The noticeable feature in this connection is that no minimum percentage of marks requirement is there. The passing of 10 + 2 examination i.e., 12th Class with the subjects of Physics, Chemistry, Biology and English was sufficient for fulfilling the requirement envisaged under the aforesaid rule.

The provisions contained in Rule 2.5.2. of the Rules, however, stipulate that a candidate for admission to the Medical/Dental courses must have obtained not less than 50% marks in General English and 50% marks in Physics, Chemistry and Biology taken together both at the qualifying and the competitive common entrance examination.

The stand taken in the counter-affidavits/returns filed by both the Respondents is that the Rule 2.5.2 was amended in the year 2000 and as it now exist in the P.M.T.-2000 Rules is the result of carrying out the directions issued by the Medical Council of India. The direction which necessitated the amendment is pointed out to be the direction issued by the Medical Council of India while amending the regulation 5 framed by it. The aforesaid amendment relevant for this case which came into force with effect from 29-5-1999 is to the following effect:

(b) In the regulation 5 for Clause (5), the following be substituted, namely:

(5) Procedure for selection to M.B.B.S. course shall be as follows:-

(I) In case of admission on the basis of qualifying examination under Clause (I) based on merit, a candidate for admission to M.B.B.S. course 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 as mentioned in Clause (I) of regulation 4. In respect of a candidate belonging to Scheduled Castes, Scheduled Tribes or Other Backward Classes, the marks obtained in Physics, Chemistry and Biology taken together in the qualifying examination be 40% instead of 50% as above.

(II) In case of admission on the basis of competitive entrance examination under Clauses (2) to (4) of the regulations a candidate must have passed in the subject 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 as mentioned in Clause (2) of the regulations and in addition must have come in the merit list prepared as a result of such competitive entrance examination by securing not less than 50% marks in Physics, Chemistry and Biology taken together. In the competitive examination, in respect of candidate belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes the marks obtained in Physics, Chemistry and Biology taken together. In qualifying examination and competitive entrance examination be 40% instead of 50% as stated above. Provided that a candidate who has appeared in the qualifying examination the result of which has not been declared, he may be provisionally permitted to take up the competitive entrance examination and in case of selection for admission to the M.B.B.S. course, he shall not be admitted to the course until.......................

The Medical Council of India had framed the Regulations regulating the Graduate Medical Education, 1997. The relevant portion of Regulations 4 and 5 of Chapter-II of the Regulations framed by it prescribed as follows:

Admission to the Medical Course-Eligility Criteria. - No candidate shall be allowed to be admitted to the Medical Curriculam of first Bachelor of Medicine and Bachelor of Surgery (MBBS) Course until:

(1)...............

(2) He/she has passed qualifying examination as under:

(a) the higher secondary examination or the Indian School Certificate Examination which is equivalent to 10 + 2 Higher Secondary Examination after a period of 12 years study, the last two years of study comprising of Physics, Chemistry, Biology and Mathematics or any other elective subject with English at a leval not less than the core course for English as prescribed by the National Council for Educational Reserach and Training after the introduction of the 10 + 2 + 3 years educational structure as recommended by the National Committee on education:

Note: Where the course content is not as prescribed for 10 + 2 education structure of the National Committee, the candidates will have to undergo a period of one year pre-professional training before admission to the Medical Colleges; or

(b) The Intermediate examination in science of an Indian University/Board or other recognized examining body with Physics, Chemistry and Biology which shall include a practical test in these subjects and also English as a compulsory subject.

or

(c) The pre-professional/pre-medical examination with Physics, Chemistry and Biology, after passing either the higher secondary school examination, or the pre-university or an equivalent examination. The pre-professional/pre-medical examination shall include a practical test in Physics, Chemistry and Biology and also

English as a compulsory subject;

or

(d) ................. or

(e) ................. or

(f) .................."

Selection of Students. - The selection of students to medical college shall be based solely on merit of the candidate and for determination of merit, the following criteria be adopted uniformly throughout the country:

(1) In States, having only one Medical College and one university/board/examining body conducting the qualifying examination, the marks obtained at such qualifying examination may be taken into consideration.

(2) In States, having more than one university/board/examining body conducting the qualifying examination (or where there is more than one medical college under the administrative control of one authority) a competitive entrance examination should be held so as to achieve a uniform evaluation as there may be variation of standard at qualifying examination conducted by different agencies;

(3) Where there are more than one college in a State and only one University/board conducting the qualifying examination, then a joint selection board be constituted for all the colleges;

(4) A competitive entrance examination is absolutely necessary in the cases of Institutions of All India character;

(5) To be eligible for competitive entrance examination, the candidate must have passed any of the qualifying examination as enumerated under the head note "Eligibility Criteria";

Provided also that:-

(i) in case of admission on the basis of qualifying examination, a candidate for admission to medical course must have obtained not less than 50% marks in English and 50% marks in Physics, Chemistry and Biology taken together at the qualifying examination;

(ii) In case of admission on the basis of a competitive entrance examination, a candidate for admission to medical course must have obtained not less than 50% marks in English and 50% marks in Physics, Chemistry and Biology taken together, both at qualifying and competitive examinations;

Provided further that in respect of candidates belonging to the Schedule Caste/Schedule Tribes and Other Backward Classes (OBCS) the marks obtained be read as 40% instead of 50%.

In the present case there is no dispute that Clause (ii) of regulation 5 of the Regulations framed by the Medical Council of India referred to hereinabove stand attracted.

The qualifying examination mentioned in Clause (ii) of Regulation 5 of the aforesaid Regulations obviously therefore, with reference to the State of Madhya Pradesh had to be taken to be the competitive entrance examination and the requirement of obtaining a minimum of 50% marks taken together in Physics, Chemistry and Biology had to be confined to the aforesaid qualifying examination which had to be taken to be the competitive common entrance examination alone. The eligibility criteria referred to in Rule 2.2.2 of the P.M.T.-2000 Rules however remained unaffected.

It may be noticed that while implementing the aforesaid amendments brought into effect in regulation 5 of the Regulations framed by the Medical Council of India the Respondents amended the Rule 2.5.2 of the PMT-2000 Rules in a manner which led to wholly inconsistent and uncalled for results. By amendment in Rule 2.5.2 of the aforesaid Rules, it was provided that a candidate for admission to Medical and Dental Courses must have obtained not less than 50% marks in General English and 50% marks in Physics, Chemistry and Biology taken together both at qualifying and competitive common entrance examination. The words "both" and "qualifying" together with the word "competitive" led to wholly anomalous result.

It may further be noticed that in the State of Madhya Pradesh, the admission to the M.B.B.S./B.D.S. courses is not granted on the basis of the qualifying examination referred to in Clause (i) of Regulation 5 of the aforesaid Regulations. The qualifying examination stipulated in the proviso (i) to Regulation 5(1) obviously refers to the qualifying examination contemplated under Regulation 4 and nothing else. In fact, the rules regulating the the admission to the M.B.B.S./B.D.S., courses did not contemplate the grant of admission on the basis as stipulated in regulation 5(1) of the aforesaid Regulations framed by the Medical Council of India. In such a situation, taking into consideration the provision contained in regulation 5 (ii) of the aforesaid Regulations, the requirement of obtaining 50% marks in Physics, Chemistry and Biology taken together which was the cut off percentage of marks had to remain confined to the competitive common entrance examination and not the 12th Class (10 + 2) examination marks prescribed by the Madhyamik Shiksha Mandal, Madhya Pradesh.

It may further be noticed that neither the Professional Examination Board nor the State of Madhya Pradesh, could proceed on the assumption that the eligibility criteria as prescribed under Rule 2.2.2 of the P.M.T.-2000 Rules contained in Chapter II stood automatically modified though ex facie the provisions contained therein did not lay down any such requirement as is now sought to be read into that by necessary implications. The rule once framed has to be read and understood as it is specially when even the provisions contained in regulation 5(ii) of the Regulations framed by the Medical Council of India sought to be relied upon by the Respondents do not lend support to the contention urged on their behalf.

It should not be lost sight of that a common entrance examination provides a uniform criterion for judging the merit of all candidates who have to their credit the educational qualifications obtained from different sources as stipulated in Rule 2.2.2 of the P.M.T.-2000 Rules contained in Chapter II. The purpose of such a common entrance examination is not merely to grade candidates for selection but is also to evaluate all candidates by a common yardstick and in the interest of selecting suitable candidates for specialised education it is necessary that the common entrance examination is of a certain standard and qualifying marks are prescribed for passing that examination. This alone shall have the effect of balancing the competing equities of having competent students for the specialised education.

There may be a case where taking into consideration the number of seats both for the M.B.B.S. or Dental Courses in order to have a short listing of candidates desirous of appearing at the competitive examination, the State Government may have to prescribe as a measure of short listing of candidates besides the competitive common entrance test, a minimum of 50% marks in the examination which a candidate must have passed in order to become eligible for appearing at the competitive common entrance examination. But in the present case, no such situation had either arisen or pointed out to be in view and that is why the provision contained in Rule 2.2.2 of the Rules was continued to be retained as it was prior to the enforcement of the P.M.T.-2000 Rules.

In the present case what is apparent is that the provisions contained in Chapter I of the aforesaid Rules referred to hereinabove, specifically require the candidate to ensure that he satisfies the eligibility criteria mentioned in Rule 2.2.2 of the said Rules. This provision as has already been noticed hereinabove, did not require that a candidate should have secured 50% marks in aggregate in the subjects of Physics, Chemistry and Biology in 12th Class (10 + 2) examination held by the Madhyamik Shiksha Mandal, Madhya Pradesh. The present one was neither a case of suggestio falsi nor suppressio veri on the part of the Petitioner.

The Professional Examination Board was vested with full jurisdiction to scrutinise the applications submitted by the candidates before permitting them to appear at the common entrance examination. It did not raise any objection in regard to the appearing of the Petitioner in the said examination. In fact, on the evaluation of the merit, the Petitioner was found entitled to be placed at serial No. 23 in the waiting list. The Director, Medical Education, Bhopal had called the Petitioner accepting the recommendations of the Professional Examination Board so that he may appear at the counselling. At that stage, it was not permissible for the Director to refuse the permission to the Petitioner to appear at the counselling and further refused to offer admission to the Petitioner.

In the aforesaid connection, it may be noticed that the regulations framed by the Medical Council of India clearly envisaged that the selection of the students/for admission to the MBBS/BDS courses in the Medical Colleges shall be based solely on the basis of merit of the candidates which in the present case had to be determined on the basis of the competitive common entrance examination. Even, the P.M.T.-2000 Rules, stipulate the preparation of a merit list on the basis of the marks obtained by a candidate in the competitive common entrance examination. The Director, Medical Education had to offer a provisional admission to the selected candidates in the Medical Colleges for the M.B.B.S., course and the Medical College at Indore for the dental course in accordance with the merit list. The admission is required to be granted through the counselling conducted by the Director, Medical Education.

It has been urged on behalf of the Respondents that the Director, Medical Education as well as the Dean/Principal of the concerned University/College stand vested with ample jurisdiction to refuse/cancel the admission in case a candidate does not fulfil all the requirements including the bond condition laid down in Rule 2.5.5. and/or is not found eligible due to "any other reason".

So far as the aforesaid aspect of the matter is concerned, suffice it to say that the expression "any other reason" as used in Rule 2.5.3 of the P.M.T.-2000 Rules has to be taken as taking its colour from the preceding word "eligibility" and the emphasis underlying the rule is on the "eligibility" as indicated in Rule 2.2.2 of the aforesaid Rules. The Rule of construction ''Noscitur A Sociis'' can be safely applied in such a situation. In any view of the matter, this expression taking into account the principle of Ejusdem Generis has to remain confined to the requirements referred to in Rule 2.2.2 of the aforesaid Rules regulating the eligibility and nothing else.

We are constrained to observe that the present case is another example demonstrating that the law has failed to keep its promise only because its enforcement is entrusted to a bureaucracy which has acted in most casual manner unmindful of the real purpose which had to be achieved and the object behind the amendments ensuring that the merit as evaluated by the Professional Examination Board is not sacrificed. Here is a case, where a candidate who was placed far below in the merit list (waiting) at serial No. 96 was granted the admission to the M.B.B.S., course ignoring the Petitioner, though the Professional Examination Board on the basis of the evaluation of the merit had placed him at serial No. 23 in the said list.

Taking into consideration the totality of the circumstances as brought on record, sufficient ground has been made out for the interference by this Court.

In the result, this writ petition is disposed of finally requiring the Respondent No. 2 to ensure that the Petitioner is allowed to take part in the counselling as envisaged under Rule 2.5.3 of the P.M.T.-2000 Rules and admission in the M.B.B.S./B.D.S. course is offered to him so that he may pursue his studies.

It is further directed that the aforesaid exercise be completed within a month of the production of a certified copy of this order before the concerned authority.

There shall however be no order as to costs.