Full Judgment Text
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PETITIONER:
MEDICAL COUNCIL OF INDIA
Vs.
RESPONDENT:
SILAS NELSON AND ORS.
DATE OF JUDGMENT14/05/1993
BENCH:
MOHAN, S. (J)
BENCH:
MOHAN, S. (J)
VENKATACHALLIAH, M.N.(CJ)
THOMMEN, T.K. (J)
CITATION:
1994 AIR 777 1993 SCR (3) 787
1993 SCC (3) 184 JT 1993 (3) 455
1993 SCALE (2)961
ACT:
%
Indian Medical Council Act, 1956-Ss. 12, 14-Migration Rules-
Regulation V(e)-Migration of Medical student of unrecognised
college in Dar-es-Salam to recognised medical college in
India-Equivalence of the courses in the two colleges-Held,
Medical Council the main authority to decide on these
questions-Course of study, and not individual cases,
relevant for grant of permission for migration-On facts,
held, migration rightly refused.
HEADNOTE:
In 1989, respondent 1 and his sister applied for migration
from Mumbili Medical College in the Faculty of Medicine,
affiliated to the University of Dar-es-Salam to a recognised
medical college in India. The Medical Council of India
turned down this application.A writ petition was filed in
the Court at Jabalpur. The High Court directed that the
appellant and other authorities consider the case of the
petitioners. Thereafter the Executive Committee of the
Medical Council reconsidered the case on 20th August, 1991.
It found that the grounds for migration were not sufficient;
that it was. the course of stud already undergone vis-a-vis
that being taught in the medical college in which migration
was sought, and not the facts of individual case, which was
relevant. Also the candidate had not furnished enough
materials to make the comparison. The Council therefore
rejected the application.
A review petition and contempt petition filed in the High
Court were dismissed.
Thereupon, in a miscellaneous petition filed on the same
grounds seeking admission in the second year or the 1 year
professional MBBS Course at Medical College, Jabalpur the
High Court directed that the petitioners be given
provisional admission. The petitioners however, did not
produce the required documents and the college did not
provisionally admit them. In an interlocutory application,
the High Court permitted one of the petitioners to withdraw
herself from the petition and directed that the other
petitioner
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788
(respondent I before this Court) he granted provisional
admission on his filing necessary forms and depositing the
fees without insisting ton the Production of any other
certificate or testimonials or syllabus (of Dar-es-Sala in
University
On fear of contempt, the Dean had to comply with this order.
On an application before it, this Court stayed the interim
order and requested the High Court to dispose of the main
petition expeditiously.
The High Court allowed the %Tit petition and quashed the
resolution dated 20th August, 1991. refusing migration,
holding that there was no application of mind by the
Council.
On appeal before this Court, it was contended that the High
Court erred in directing admission of respondent in a
recognised medical college from an unrecognised medical
college by way of migration-, that Regulation V had been
misread and that not having under-gone study in a recognised
medical college nor having passed the first professional
examination, he could not be admitted to the second year;
that he had failed in anatomy and had not sat for his
supplementary examination and had therefore ceased to be a
student of Dar-es-Salam University and that the first year
course at Dar-es-Salam University and in India were not
equivalent. Equivalence in any case, it was urged, is to be
decided by an expert body and is not in the domain of the
Court.
For respondent 1, it was argued that the self-contradictory
stand of the Council on equivalence had led to the High
Court deciding the issue; that equity was in his favour;
that he had in any event passed his pre-medical test in
1991; and that he belongs to a scheduled tribe.
Allowing the appeal, this Court,
HELD: 1. The Medical Council has come to the correct
conclusion that there cannot he migration from unrecognised
institution to a recognised medical college. (799-G)
Dar-es-Salam University has not been recognised as provided
in the Indian Medical Council Act, 1956.(7%-A)
2. The High Court does not have the necessary expertise to
determine equivalent. The Medical Council is the main
authority in this respect. (799-C)
789
3. what is material for grant of permission for migration
is the course of study which a student has undergone vis-a-
vis the courses being taught in the medical college in which
the migration is sought, and not the individual case. (799-
D)
The material placed before the Council was not sufficient to
decide equivalence.
4. The concerned authority is to verify the disputed
factual position concerning his performance in the 1991 pre-
Medical test and decide on considering him for admission for
the academic year 1993-94. (800-E-G)
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2221 of 1993.
From the Judgment and Order dated.5.5. 1993 of the Madhya’
Pradesh High Court in M.P. No. 4420 of 1991.
Harish N. Salve and L.R. Singh for the Appellant.
Anoop Choudhary, A.K. Sanghi, S.V. Deshpande and S. K.
Agnihotri for the Respondents.
The Judgment of the Court was delivered by
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Mohan, J, Leave granted in SLP filed by Indian Medical
Council, Jabalpur.
All these appeals are dealt with under a common judgment
since they arise out of the same judgment passed in Misc.
Petition No.4420 of 1991 by the Madhya Pradesh High Court,
Jabalpur Bench.
One Dr.Nelson ,father of respondent1 was serving in Madhya
Pradesh State Public Health in the Department of Surgery in
the Medical College at Jabalpur. His wife, Dr. (Mrs.)
Shobha Nelson was also working as a Lecturer in the
Department of Obstetrics and Gynecology in Medical College
in a purely temporary capacity.
Dr.Nelson applied for foreign assignment.He was selected for
the same. Therefore. a request was made by the Government
of India (Department of Personnel and Administrative
Reforms) vide its letter dated 2nd of January. 1975
790
requesting the State Government to spare the services of
Dr . S.K. Nelson for foreign assignment with Zanzibar
Government. The Under Secretary to the Government of Madhya
Pradesh, Department of Public Health and Family Planning
replied on 15.4.1975 that it was not possible for the State
Government to spare his services. However, Dr. Nelson
proceeded on two months’ vacation with effect from 1.5.75.He
wrote a letter to the Dean of Medical College Jabalpur that
he was proceeding, on long leave owing, to unavoidable
family circumstances. Even after the expiry of the period of
leave he did not rejoin the post. His request for further
extension of leave was rejected. Notwithstanding the same
Dr. Nelson and his wife proceeded to Tanzania and the first
respondent, Silas Nelson, also accompanied them.
It also requires to be mentioned in passing that a request
was made to the Government of madhya Pradesh to spare the
services of Dr. Shobha Nelson. It was pointed out by tile
State Government that she being ;A temporary servant she had
no lien and she will have to resign the State service before
joining her duties in Zanzibar. She also absented
unauthorisedly and proceeded to Tanzania along with her
husband. The first respondent claimed to have passed G.C.E.
’O’ level as well as ’A’ level examinations from the
University of London conducted by the Education Council of
the Government at Dar-es-Salam in Tanzania. He also claimed
that he had obtained credits in ’A’ level in three subjects
i.e. Biology, Physics and Chemistry and ’O’ level in six
subjects i.e. Biology, Chemistry, English language. English
Literature, Mathematics and Physics. On this basis he
claimed that he was entitled to admission in any Medical
College in India. According to him these examinations are
considered to be equivalent qualifying examinations and pre-
requisite for admission to any Medical College. It was also
stated that Rani Durgawati University of Jabalpur had given
an equivalence certificate. He obtained admission in
Muhmbili Medical College in the Faculty of Medicine. which
is affiliated to the University of Dar-es-Salam, in the year
1989. lie had completed one year at the same college and
University. Thereafter he was pursuing his study in the
second year. Having regard to the fact that he had studied
the subjects in Anatomy, Physiology, Biochemistry,
Preventive and Social Medicine including, Behavioural
Science and Biostatistics, Medical Psychology and
Developmental Studies and Medical Surgery, he had undergone
a wider course. Therefore, according to him, he possesses
the eligibility criteria for admission to the MBBS Degree
Course at Jabalpur.
A request was made by the father of the first respondent to
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nominate the first respondent to MBBS Course directly under
Central Government quota. This request related not only to
the first respondent but also his sister. However, the
Central Government advised Dr. Nelson to approach the
Medical Council oflndia
791
and the concerned University in jabalpur seeking their
concurrence to the migration of his two children from the
University of Dar-es-Salam. Tanzania to Medical College in
jabalpur.
On 20th December, 1989, Dr. nelson approached the
appellant, Medical Council of India (hereinafter referred to
as the Council) for grant of no objection to the transfer.
This request was turned down on 12.1.90 as migration was
not permissible under the Rules. The position was further
made clear by the letter of the appellant dated 28.12.90.
Aggrieved by this the first respondent and his sister Kumari
Divya Nelson filed Writ Petition Misc. Petition No. 2535 of
1990 before the Madhya pradesh high Court at Jabalpur. The
prayer was for a writ of mandamus to direct the
respondents to grant admission to them to the 2nd year of
MBBS Degree Course at Medical College jabalpur. It was
contended that the Council had not authority to object or
refuse the issue of no objection certificate since its
primary function is to prescribe minimum standards of
medical education. It is the University alone which should
be concerned about the admission.
The High Court by its judgment dated 12.7.91 allowed the
writ petition. It directed the appellant and other
authorities to consider the case of respondent 1 and his
sister within a period of two months for their admission
in the Medical College, jabalpur in the light of clause ’E’
of the mandatory recommendations approved under
Section 33 of the Indian Medical Council Act, 1956. It was
also held that though the Council had considered the case of
the candidates yet it had not looked into the individual
merits regarding their eligibility for transfer to Medical
College,jabalpur which affiliated to Rani Durgawati Vishwa
vidyalaya, jabalpur. Besides teh impugned letter of the
council does not show any application of mind as it is not
speaking order.
In complete with the above directions the Executive
Committee of the appellant (Council) reconsidered the case
on 20.8.91. The question was whether the migration of the
respondent on individual merit to Medical College. jabalpur
under clause v ’e’ of the Migration Rules was permissible.
It was concluded that the migration could not be allowed
since the ground were not sufficient for such migration. It
was also of the view that the facts stated for considering
the individual case on merits were not relevant. What is
important to be considered is the course of study the
student had already undergone vis-a-vis the course being
taught in the Medical College in Which the migration is
sought. The candidate had not also finished enough materials
to make comparison with
792
the course of study conducted in medical College at
jabalpur. For these reasons the request for migration was
rejected. The same was reiterated by a letter dated 4.1.92.
After this, a review petition was filed to recall the order
dated 12.7.91 of the High Court. However the review petition
was dismissed by the High Court. An application for contempt
was also dismissed. There upon Misc, Petition No. 4420 of
1991 came to be filed seeking admission in the 2nd year or
the 1st professional M.B.B.S. Course at Medical College,
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Jabalpur on the same grounds as were alleged previously.
direction was issued on 23.12.1991 to give provisional
admission. After admission of the writ petition the same
order was continued. Though an application was preferred by
the respondents 2 to 4 to have the order vacated on the
ground that migration from an unrecognized Medical College
to a recognised Medical College was not permissible, the
same was dismissed.
Some interesting development took place during this stage.
The candidates did not produce the required document.
Hence provisional admission was not granted to them by the
respondents 2 to 4. That led to the filing of
Interlocutory Application No. 2805 of 1992 for further
direction. Respondents 2 to 4 also filed an application
for direction on 26.3.92 inter alia pointing out that
before grant of provisional admission, the writ
petitioners were required to submit proof of their
having passed 1st year course at Tanzania. In the absence
of such proof the admission was impossible. Further in
which year of the MBBS course the first respondent was to
be admitted, was not free from difficulty. it was averred
that even without passing the first year from the
university of Dar-es-Salam the claim is made for admission
to the second year. This is nothing but fraud the High
Court strangely permitted the writ petitioner. Kumari
Divya Nelson to withdraw herself from the petition and it
directed respondent 1 alone could prosecute his studies.
The authorities were directed to grant provisional
admission his filing necessary forms and depositing
admission fees without insisting on the production of any
other certificate or testimonials or syllabus of Dar-es-
Salam University.
For non-compliance with this direction a contempt
application was taken but by the first respondent. On peril
of contempt the Dean (Respondent 4) had not other option
but to comply with the order of provisional admission.
Against this order directing provisional admission without
insisting on the production of any other documents SLP (C)
No. 10498 of 1992 was preferred.Leave was granted on 7.9.92
by this court staying the operation of the order dated
18.5.92 of the High Court. This Court directed that the
interim order well subsist
793
till the disposal of the writ petition before the High Court
and requested the High Court to dispose of the writ petition
of the respondent I expeditiously.
By the impugned judgment dated 5th March, 1993 the writ
petition was allowed The resolution dated 20th August, 1991
refusing to accede to the request of the writ petitioner
respondent (1) for migration was quashed holding that there
was no application of mind by the Council. lt is under these
circumstances these appeals by special leave to appeal have
come to be preferred.
Mr. harish N. Salve, learned counsel for the appellant would
submit the following grounds attacking the impugned
judgment:
The High court erred in directing admission to respondent I
in recognised medical college in India from an unrecognized
college by way of migration/ transfer. WI the more so. when
such impermissibility has been recognised by this Court in
Medical Council of India, New Delhi v. Rajendra S. Sankpal
and Ors. etc. (C. A Nos. 3-4 of 1991 dated 21.10.92) and
order dated 6.12.1990 of this Court passed in Medical
Council of India v. Ms. Sunita Anant Chavan & Ors.
(I.A..Nos. 2-7 in Transfer Petition (Civil) Nos. 230-235 of
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1989).
The High Court misread Regulation V. Under that Regulation
migration is allowed from a recognised medical college to
another recognised college and that too within three moths
after passing of the first professional examination. In so
far as the first respondent has neither undergone study in a
medical college recognised by the Council nor has he passed
the first professional examination, he could not he admitted
to the second year.
The first respondent failed in the subject of Anatomy which
is one of the papers taught in the first year at Dar-es-
Salam University. Under the Examination Regulation of the
said University he was required to sit in the supplementary
examination in the failed subject before the beginning of
the next academic year. Thus he was required to clear the
said paper within six weeks. Should he fails in the
supplementary examination he ceases to be a student of the
College/University. In so far as the first respondent did
not take the supplementary examination he ceased to be a
student of Dar-es-Salam University. Therefore, the question
of migration could not arise at all.
The first yen course of Dar-es-SalamlJniversitv is not
equivalent to the first phase of MBBS Examination in India.
794
Equivalence has to be decided by only an expert body, that
too, on technical and academic matters. It is not in the
domain of assessment or evaluation by the Court. The High
Court should not have embarked on the determination of
equivalence on the basis of sketchy materials placed before
it.
The High Court erred in relying on. Minakshi Malik, v.
University of Delhi, AIR 1989 SC 1568. There, the candidate
was not, in any matter, ineligible while here, the first
respondent is ineligible. The High Court erred overlooking
that an administrative authority like the appellant is not
required to pass reasoned orders. The decree awarded by
Dar-es-Salam University is not recognised and :Is not
included under any of the Schedules of the Medical Council
of India Act, 1956. Therefore, there was no occasion for
the appellant to decide the equivalence. Should the first
respondent be anxious he should have placed all the
materials.
In opposition to this, learned counsel for the respondents,
argues that the Council has taken a self-contradictory
stand. In one breath, it will contend that there are no
materials to decide the equivalence and in the other breath
it would say it is not equivalence.
Under these circumstances, in view of the cryptic order
passed, the High Court itself decided finding that the
Council had not applied its mind. The High Court was
satisfied on the basis of documents there is equivalence.
The High Court is well entitled to do so. More so, having
regard to the ruling of Minakshi Malik’s case (supra) Equity
also must weigh in favour of the first respondent. In any
event, the first respondent had passed his pre-Medical test
successfully in the year 199 1. He also belong s to
scheduled tribe. Therefore, on the basis of these two
documents his candidature could be considered for admission
to first year MBBS Course for the ensuing academic year of
1993-94 as otherwise, the career of a young man would be
completely ruined.
The factual position with regard to study of the first
respondent in Dar-es-Salam University requires to be
carefully analysed. The claim of the first respondent is
that he has passed G.C.E. ’O’ level as well as ’A’ level
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examinations from the University of London conducted by the
Education Council of the Government at Dar-es-Salam in
Tanzania. He claims to have obtained credits in ’A’ level
in the following three subjects
(i) Biology,
(ii) Physics; and
795
(iii) Chemistry
In ‘O’ level he claim.,; to have obtained credits in the
following six subjects
(i) Biology,
(ii) Chemistry,
(iii) English Language,
(iv) English Literature,
(v) Mathematics; and
(vi) Physics
On this basis, he claims admission to any Medical College in
India as these are considered to be equivalent qualifying
examinations and prerequisite for admission to any Medical
College. It is claimed on behalf first respondent at Rani
Durgawati University of Jabalpur has given an equivalence
certificate. That is extracted below
"With reference to your above cited letter, it
is to inform you that students have passed in
five subjects at least at the G.C.E. (Ordinary
Level) and two subjects at the (Advanced
Level) from University of London, are treated
as having successfully completed the 12 year
Pre-University/Higher Secondary in India.
Hence, if your son Shri Silas Supragya Nelson
has passed above examination then he may
appear in Pre Medical test examination as
desired by you."
According to first respondent, he was admitted in Muhmbili
Medical College in the Faculty of Medicine which is
affiliated to the University of Dar-es-Salam in the year
1989 and has completed one year at the same College and
University. In the First year he had studied subjects in
Anatomy, Physiology Biochemistry, Preventive and Social
Medicine which includes Behavioural Science and Bio-
statistics, Medical. Psychology and Development Studies &
Medical Surgery whereas at Rani Durgawati University, the
subjects taught in the first year are Anatomy, Physiology,
and Biochemistry. Thus the courses followed at Dar-es-Salam
University are much wider. It was further claimed that his
course in the said Medical College is equivalent to first
year course of MBBS Degree awarded by Rani Durgawati
University, Jabalpur and, therefore, he possesses the
eligibility criteria for admission to the MBBS Degree Course
at Jabalpur.
796
On the said basis migration is sought. Dar-es-Salam
University is not recognised by the Medical Council of
India. Therefore, front all unrecognised institution
admission is sought to a recognised institution.
With the object of maintaining and regulating, standards of
medical education in the country, the Parliament enacted
"the Indian Medical Council Act, 1956". Under Section 6 of
the Act. the Medical Council of’ India has been
incorporated, which is a body corporate having a perpetual
succession and a common seal Section 12 of the Act makes
provisions for recognition of medical qualifications granted
by medical institutions in countries with which there is a
scheme of reciprocity. Under this section, the schedules
are given providing list of recognised medical institutions
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& qualifications. The first schedule gives list of
recognised medical qualifications granted by
universities/medical institutions in India; whereas schedule
second gives the list of recognised medical qualifications
granted by medical institutions outside India. University
of Dar-es-Salam & its medical institution is not included in
the second schedule and therefore the qualifications
imparted by that institution are not recognised. That
apart, section 14 of the Act makes provisions for
recognition of medical qualifications (granted by countries
in which there is not scheme of reciprocity. The Central
Government has not considered Dar-es-Salam University for
such recognition.
It was in this context the following order came to be passed
by the appellant
"The Director,
Medical Education,
Madhya Pradesh,
Bhopal
Subject:- Migration of Silas Nelson and Divya Nelson from
Dar-es-Salam Medical College, Tanzania to Medical Collage,
Jabalpur.
Sir,
With reference to your letter No. 6151/DME/IV dated
12.5.1990 I am to state that the matter regarding, Migration
of Silas Nelson and Divya Nelson from Dar-es-Salam Medical
College, Tanzania to Medical College,Jabalpur was duly
placed before the Executive Committee of this Council at its
meeting held on 20th August, 1991 for consideration.
The Committed decided as under:
797
The Executive Committee considered the matter with regard to
the migration of the above candidates on individual merit to
Medical College Jabalpur under Clause V(e) of the migration
rules and did not allow these migration since the grounds
are not sufficient for migration and the facts stated in the
individual cases are not very relevant for grant of
permission for migration. For considering any such cause of
migration, it is important to consider the cause of study
the student has already undergone vis-a-vis the course being
taught in the Medical Colleges in which the migration is
sought. Further it is observed that the candidates seeking
their migration have also brought no records to show the
course of study being conducted at their medical college for
making comparison with the study being conducted in Medical
College, Jabalpur. Hence the applications for migration of
the above candidates are rejected.
Your faithfully,
(Mrs. M. Sachdeva)
Off. Secretary."
Concerning migration the rule also is to the effect that the
same can be allowed by the University concerned within three
months after the passing of the first professional
examination.
Then, the question of equivalence arises. The equivalence
came to be decided in the following manner:
"Reference-Letter dated 28.12.1991 of Dy. Registrar
(General) R.D. University, Jabalpur.
Regarding letter of ku.Divya Nelson and 2/ Silas Nelson to
the University.
I have gone through prospectus of University of Dar-es-Salam
(1990-90)
For M.D. degree which is equivalent to M.B.B.S. of
Universities abroad (as per letter No. H/Q/G.N/17862 dated
2nd May, 1990 of Director of Training and Occupational
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Health Service, attached in the file).
For examination at the end of first year in Dar-es-Salam
University the subjects are:--
798
Anatomy/Histology -
Behavioural Sciences Only one
Biochemistry - Year study.
Physiology
Development studies
Where in Indian Universities the First MBBS Course which is
of 18 months the subjects examined are (As premedical
Council of India)
Anatomy
Physiology - one and half,
Biochemistry - Year study
As the detailed syllabus of the 5 subjects taught in one
year at Dar-es-Salam University is not given in the
Prospectus, it is difficult to know whether the course is
equal as only three subjects are taught in Indian University
for one and half years indicating that these subjects are
taught in more detail here in our University. However, in
general the subjects taught there in first year included
Anatomy, Physiology and Biochemistry (along with other two
subjects) which are also the subjects of first M.B.B.S. (one
and half years course) here also. For mote clarification,
the Medical Council of India may be consulted because they
are the main authority in India in this respect. Dean,
Faculty of Medicine of our University was also consulted in
this matter/
sd/-
Protessor & Head. Dept. of Biochemistry
Medical College & Chairman Board of Studies
for Anatomy, Physiology & Biochemistry.
This may be put up before the standing for
confirmation."
We cannot understand when this was the position with
reference to equivalence how the High Court had donned the
role of an expert body and would say as follows
"The petitioner has filed documents showing
that Dr. R.K. Gupta, Reader in Pharmacology of
the Medical College, Jabalpur was sent on
deputation for teaching in the medical college
affiliated to Dar-es-Salam University. The
petitioner, by filing the documents, wants to
show that persons having requisite
qualifications for teaching in the Medical
College, Jabalpur were posted or appointed at
the medical college affiliated to Dar-es-Salam
University. The documents filed by the
petitioner show that the subjects taught in
the first year M.B.B.S. at Muhibili Medical
799
College, Dar-es-Salam University and the
subjects taught at the Medical College,
Jabalpur are the same. to us the material
consideration is the qualifications necessary
for admission to the first year M.B.B.S.
course. The documents on record show that the
educational qualifications for admission to
the Medical College, Jabalpur and the Muhbili
Medical College of Dar-es-Salam University are
the same and there is equivalence of courses.
As there is equivalence of courses required
for admission to the first year M.B.B.S.
courses in Muhibili Medical College and the
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Medical College, Jabalpur, the petitioner is
entitled to be transferred to the first year
M.B.B.S. course of the Medical College,
Jabalpur and should be permitted to appear in
the examination conducted by the Rani
Durgawati University, Jabalpur."
This is totally unwarranted because the High Court does not
have the necessary expertise in this regard. As to the
equivalence we have already extracted the opinion of the
Chairman of Board of Studies for Anatomy, Physiology and
Biochemistry. From the above extract it is clearly seen
that the Council is the main authority in this respect.
Then again, the High Court had gone wrong in concluding that
the individual cases are relevant for the grant of
permission for migration. In our considered view, as
rightly concluded by the Council, what is material is the
course of study which a student has undergone vis-a-vis the
courses being taught in the Medical College in which the
migration is sought. What the Council was endeavouring to
point out was the materials placed before it by the present
first respondent were not sufficient to decide the
equivalence. The criticism of the Council, by the High
Court, is also not warranted. First of all, no certificate
was produced by the first respondent that he had completed
the first year course in Dar-es-Salam. Unless and until
that is done the question of admission to the second year
MBBS could not arise. The first respondent had not appeared
in the supplementary examination. If that is so, according
to the Regulations of Dar-es-Salam University, he is deemed
to have discontinued from that Course. In such a case the
question of giving admission to Medical College at Jabalpur
could never arise. Therefore, looked at from any point of
view, the Medical Council of India which is the authority to
decide the equivalence, has come to the correct conclusion,
in that, there cannot be a migration from unrecognised
institution to a recognised Medical College. The judgment
of the High Court is wholly unsupportable.
Once we have arrived at this conclusion the question arises
whether the case of the first respondent could be considered
for the academic year 1993-94 based on his performance in
the pre-Medical test for the year 1991. The statement of
800
marks obtained in pre-Medical Test, 1991 is as under:
"Subjects Max. Marks
Marks Obtained
Physics 300 127
Chemistry 300 220
Botany 300 160
Zoology 300 214
English 300 217
1200 721"
He also claims that he belongs to Scheduled Tribe. We do
not have material to show as to whether he was granted
admission to any Medical College on the basis of his
performance in the pre-Medical test for the year 199 1.
However, in the petition for special leave to appeal the
appellant has made the following averments
"In the said Count er-affidavit, on oath the
respondent no.1 deliberately, knowingly an
d
willfully made a false statement that he had
never appeared in the Pre-Medical Test held in
the year 1991 and failed. It was further
stated that in fact it was his younger brother
Sushrut who had appeared in the T.M.T
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Examination of 1992. The petitioner herein
has made an inquiry and has come to know that
the respondent no.1 appeared in the Pre-
Medical Test, 1991 vide application No. 27811
and was allotted Roll No. 624227 but failed to
qualify and complete in the said test.....
Since the writ-petitioner respondent no.1
appeared in the Pre-Medical Test, 1991 vide
application no. 27811 and was allotted Roll
No. 624227 but failed to qualify and complete,
he was not at all eligible for admission to
the undergraduate medical course in India."
If this be the correct position, he would not be entitled to
be considered for admission for the academic year 1993-94 on
the basis of his performance in the Pre-Medical test held in
the year 199 1. It is for the concerned authority to verify
the factual situation and decide the matter.
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We make it clear that if his case has already been
considered for admission on the basis of performance in the
Pre-Medical test 1991 and rejected there is no need to
consider his case once again for the year 1993-94.
Otherwise, it may be considered on the basis of performance
in the pre-Medical test for the year 1991 as against the
quota intended for Scheduled Tribe, if his status as
belonging to Scheduled Tribe is established provided there
is no legal impediment in doing so.
Subject to the above directions, civil appeals will stand
allowed. However, there shall be no order as to costs.
I.A. No. 1 of 1993 in SLP (C) 6161 of 1993 is also allowed.
U.P. Appeal allowed.
802