REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 1925 OF 2011  (Arising out of S.L.P. (C) No. 29216 of 2009)

  Chowdhury Navin Hemabhai & Ors.           …… Appellants  

Versus

The State of Gujarat & Ors.                          …… Respondents

JUDGMENT

A. K. PATNAIK, J.

Leave granted.

2. The appellants  belong to  Scheduled  Castes,  Scheduled  

Tribes and Socially and Educationally Backward Classes and  

they have in this Civil Appeal challenged the judgment of the  

Division Bench of the High Court of Gujarat in Special Civil  

Application  No.  9526  of  2009,  refusing  to  quash  the  

communication of the Medical Council of India for discharging  

them from the MBBS course to which they had been admitted.

3.  The facts briefly are that the Medical Council of India (for  

short “the MCI”) prescribed inter alia in its regulations called  

“The Regulations on Graduate Medical Education, 1997” (for  

short  “the  MCI  Regulations”)  that  candidates  belonging  to  

Scheduled  Castes,  Scheduled  Tribes  and  Other  Backward  

Classes  must  have  obtained  a  minimum  of  40%  marks  

together in Physics, Chemistry and Biology at the qualifying  

examination  and,  in  addition,  40%  marks  in  Physics,  

Chemistry  and  Biology  taken  together  in  the  competitive  

examination for  admission to the MBBS course.   The State  

Government  of  Gujarat  also  made  rules  under  the  Gujarat  

Professional  Medical  Educational  Colleges  or  Institutions  

(Regulation of Admission and Fixation of Fees) Act, 2007 called  

“The  Gujarat  Professional  Medical  Educational  Colleges  or  

Institutions  (Regulation  of  Admission  and Payment  of  Fees)  

Rules, 2008” (for short “the State Rules, 2008”).  Rule 5 (1) (iv)  

of  the  State  Rules,  2008  provided  that  for  admission  to  a  

professional  college,  a  candidate  must  have  passed  the  

qualifying  examination  and  must  have  appeared  in  the  

common entrance test of Gujarat.  A notification was issued by  

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the State Government under Rule 12 of the State Rules, 2008  

prescribing the minimum marks in the qualifying examination  

for  admission  to  MBBS  course  for  Scheduled  Castes,  

Scheduled  Tribes  and  Socially  and  Educationally  Backward  

Classes  (excluding  Creamy  layer)  candidates  as  40%  in  

Physics, Chemistry and Biology.

4.  The appellants had secured 40% marks in the qualifying  

examination in Physics, Chemistry and Biology as prescribed  

in the notification issued under Section 12 of the State Rules,  

2008.  The appellants also appeared in the common entrance  

test  conducted for  Gujarat  for  2008-2009,  but  secured less  

than  40% marks  in  Physics,  Chemistry  and  Biology  in  the  

common entrance test.  As the appellants were placed in the  

merit list in the common entrance test, they were admitted to  

the  MBBS  course  in  Pramukhswami  Medical  College,  

Karamsad (for short “the College”).  After collecting information  

from  the  College,  the  MCI  sent  a  communication  dated  

10.02.2009 to the College to discharge the seven appellants  

and one  more  student  as  they  had secured less  than 40%  

marks  in  Physics,  Chemistry  and  Biology  in  the  common  

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entrance test and were not eligible for admission in the MBBS  

course as per the MCI Regulations.   The College entered into  

some  correspondence  with  the  MCI  and  the  Admission  

Committee  of  the  State  Government  and  on  01.07.2009  

cancelled the admission of the appellants on the insistence of  

the MCI in its letter dated 27.03.2009.  The State Government  

addressed  a  communication  to  the  MCI  saying  that  the  

students were admitted in accordance with the State Rules,  

2008 as per their merit and they may be allowed to pursue the  

medical education as they were not at fault.  On the request of  

the appellants, the College permitted the appellants to appear  

in the preliminary examination for First MBBS in July 2009  

subject to the final decision of the MCI.   

5. The appellants then moved the High Court under Article  

226 of the Constitution in Special Civil Application No.9526 of  

2009 and by the impugned judgment, the Division Bench of  

the High Court dismissed the Writ Petition.  The High Court  

held that  Clause  5.5 (ii)  of  the  MCI  Regulations specifically  

stipulated  that  candidates  belonging  to  Scheduled  Castes,  

Scheduled  Tribes  or  Other  Backward  Classes  must  have  

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obtained a minimum of 40% marks in Physics, Chemistry and  

Biology taken together in the qualifying examination and, in  

addition, must have come in the merit list prepared as a result  

of the competitive entrance examination by securing not less  

than  40% marks  in  Physics,  Chemistry  and  Biology  in  the  

competitive  entrance  test  and  as  the  appellants  have  not  

satisfied this mandatory stipulation under clause 5.5 (ii) of the  

MCI Regulations, there was no illegality in the directions given  

by the MCI to discharge the appellants from the college.  The  

High Court also struck down Rule 5(1)(iv) of the State Rules,  

2008 which provided that a candidate  who appeared in the  

Gujarat common entrance test  was eligible for admission to  

the MBBS course even if he obtained less than 40% marks in  

Physics, Chemistry and Biology taken together in the common  

entrance test.   

6. Mr. K.V. Vishwanathan, learned Senior Counsel for the  

appellants, submitted that the High Court erred in upholding  

the directions of the MCI to discharge the appellants who had  

been validly  admitted  under  the  State  Rules,  2008 and the  

validity  of  the  State  Rules,  2008  was  not  under  challenge  

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before the High Court.  He submitted that rule 5 (1) (iv) of the  

State Rules, 2008 had been framed by the State Government  

of Gujarat in exercise of its powers under Section 20(1) read  

with  Section  (4)  of  the  Gujarat  Professional  Medical  

Educational Colleges or Institutions (Regulation of Admission  

and Fixation of Fees) Act, 2007 and it clearly provides that a  

candidate  who  had  passed  the  qualifying  examination  and  

appeared in the Gujarat common entrance test conducted in  

the current academic year was eligible  for admission to the  

MBBS course.  He submitted that as the appellants had not  

only passed the qualifying examination, but also appeared in  

the common entrance test for the academic year 2008-2009  

they were clearly eligible for admission to the college for the  

MBBS course.  He submitted that although rule 5 (1) (iv) of the  

State Rules, 2008 was not under challenge,  the High Court  

struck down the rule  as invalid  in  the  impugned judgment  

merely  because  the  clause  5.5  (ii)  of  the  MCI  Regulations  

prescribed  that  a  candidate  has  to  obtain  40%  marks  in  

Physics,  Chemistry  and  Biology  taken  together  in  the  

competitive entrance examination on the basis of  which the  

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candidates were to be admitted and the appellants have not  

secured  such  40%  marks  in  the  competitive  entrance  

examination.  He submitted that the mistake in making the  

State Rules, 2008 consistent with the MCI Regulations was of  

the State Government and not of  the candidates,  who have  

been admitted  to  the  MBBS course  in  accordance  with  the  

State Rules, 2008 and therefore the appellants should not be  

made to suffer for such mistake of the rule making authority.  

He  submitted  that  this  Court  had  adopted  a  sympathetic  

approach in similar situations where admissions of students  

were in jeopardy for  none of  their  fault  in  Rajendra Prasad  

Mathur  v.  Karnataka  University  and  Anr.  [1986 (Supp)  SCC  

740],  A.  Sudha v.  University  of  Mysore  [(1987)  4 SCC 537],  

Ashok  Chand  Singhvi  v.  University  of  Jodhpur  and  others  

[(1989) 1 SCC 399] and M.A. Salam (II)  v. Principal Secretary,   

Government of A.P. and others  [(2005) 13 SCC 677].

7. Mr. Amrendra Sharan, learned Senior Counsel appearing  

for  the  MCI,  on  the  other  hand,  supported  the  impugned  

judgment of the High Court and submitted that for achieving  

the purposes of the “Indian Medical Council Act, 1956”, the  

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MCI has  made  the  MCI  Regulations  which are  statutory  in  

nature and unless the State Government and the Universities  

cooperate  with  the  MCI  in  enforcing  these  statutory  

regulations, the MCI will not be able to discharge its statutory  

obligations under the Act.  He submitted that regulation 5.5 of  

the MCI Regulations lays down the procedure for selection to  

the  MBBS  course  and  clause  5.5  (ii)  of  these  Regulations  

clearly  provides  that  in  case  of  admission  on  the  basis  of  

competitive  entrance  examination,  a  candidate  belonging  to  

the Scheduled Castes, Scheduled Tribes and Other Backward  

Classes must have secured a minimum of 40% marks taken  

together in Physics,  Chemistry and Biology of the qualifying  

examination and, in addition, must have secured 40% marks  

in these subjects in the competitive entrance examination.  He  

referred to the marks of the seven appellants and one more  

student  admitted  to  the  college  to  show that  none of  them  

fulfilled the eligibility criteria as mentioned in clause 5.5(ii) of  

the MCI Regulations.  He submitted that the MCI, therefore,  

wrote to the Dean of the college in its letters dated 10.02.2009  

and  27.03.2009  to  discharge  these  eight  students.   He  

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submitted  that  this  Court  had  repeatedly  held  that  the  

regulations made by the  MCI  are  statutory,  mandatory and  

binding in character and admissions to medical courses could  

not be made in violation of the MCI regulations.  He cited the  

decision in Medical Council of India v. State of Karnataka and   

others [(1998) 6 SCC 131] in which this Court has held that  

the Indian Medical Council Act is relatable to Entry 66 of List I  

(Union List) of the Seventh Schedule of the Constitution and  

prevails over any State enactment to the extent that the State  

enactment  is  repugnant  to  the  provisions  of  the  Act.   He  

submitted that the MCI Regulations will therefore prevail upon  

the  State  Rules,  2008  and  the  contention  on  behalf  of  the  

appellants  that  the  appellants  were  admitted  in  accordance  

with  the  State  Rules,  2008  and their  admissions  are  valid,  

even though contrary to the MCI Regulations, has no force.   

8. Mr. Maulik Nanavati, appearing for the State of Gujarat,  

submitted  that  while  making  the  State  Rules,  2008,  clause  

5.5(ii) of the MCI Regulations was lost sight of and as a result  

admissions  in  the  academic  year  2008-2009  to  the  MBBS  

course in different colleges in the State of Gujarat were made  

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only  in  accordance  with  the  State  Rules,  2008  and  some  

candidates who did not fulfill the eligibility criteria mentioned  

in clause 5.5 (ii)  of the MCI Regulations got admitted to the  

MBBS course during the year 2008-2009.  He submitted that  

for the subsequent years, i.e. 2009-2010 onwards, the State  

Government has provided in the Rules that students belonging  

to  the  Scheduled  Castes,  Scheduled  Tribes  and  Other  

Backward  Classes  must  obtain  40%  marks  in  Physics,  

Chemistry and Biology in the qualifying examination as well as  

in  the  common entrance  test  for  admission  into  the  MBBS  

course as prescribed in the MCI Regulations.

9. Clause 5.5(ii)  of  the MCI Regulations, which prescribes  

the procedure for selection and admission to the MBBS course  

on  the  basis  of  competitive  entrance  examination,  reads  as  

under:  

“(5) Procedure  for  selection  to  MBBS  course be as follows:-

(ii) In case of admission on the basis of  competitive  entrance  examination  under  clause  (2)  to  (4)  of  this  regulation,  a  candidate  must  have  passed  in  the  subjects  of  Physics,  Chemistry,  Biology  and  English  

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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  regulation  4  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  candidates  belonging  to  Schedule Castes, Schedule 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  MBBS course, he shall not be admitted to  the  course  until  he  fulfills  the  eligibility  criteria under regulation 4.”

It will be clear from a careful reading of this clause of the MCI  

Regulations  that  candidates  belonging  to  the  Scheduled  

Castes, Scheduled Tribes and Other Backward Classes must  

have secured 40% marks in Physics, Chemistry and Biology  

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taken together in both the qualifying examination and must  

also  secure  40%  marks  in  the  competitive  entrance  

examination on the basis  of  which admission to  the  MBBS  

course is being made in a State.  

10. The relevant provisions of Rule 5 and Rule 12 of the State  

Rules, 2008 are quoted herein below:   

“5 . Eligibility  for  Admission:  (1)  For the purpose of admission, a candidate  shall have passed with “B-group” or “AB- group” the qualifying examination from, -

(i) the Gujarat Board; or

(ii) the  Central  Board  of  Secondary  Education  Board  provided  that  the  school  in  which  the  candidate  has  studied, should have been located in  the State of Gujarat; or

(iii )  the  Council  of  Indian  School  Certificate Examinations, New Delhi Board  provided  that  the  school  in  which  the  candidate  has  studied  should  have  been  located in the State of Gujarat; and (iv)  appeared  in  the  Gujarat  Common  Entrance  Test  conducted  in  the  current  academic year.

12. Minimum  qualifying  standard  for  admission:  (1)  No  student  shall  be  admitted  in  the  professional  medical  education course unless he/she fulfills the  

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eligibility criteria,  including the minimum  qualifying marks (standard).

(2) The  minimum  qualifying  standard for admission shall be notified by  the  State  Government  by  order  in  the  Official Gazette from time to time.”

The notification issued by the State Government under rule 12  

(2) notifying the minimum qualifying standards for admission  

is extracted herein below:  

“ORDER

Health and Family Welfare Department, Sachivalaya, Gandhinagar, Dated the 2nd June, 2008

No.  MCG-1008-931-J:  

In  pursuance  to  the  

power conferred by the  

sub rule (2) of rule 12  

of  the  Gujarat  

Professional  Medical  

Educational Colleges or  

Institutions (Regulation  

of  Admission  and  Payment  of  Fees)  

Rules,  2008  the  Government  of  

Gujarat  here  by  notifies  following  

minimum  qualifying  standard  for  

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Gujarat  Professional  Medical  Educational  Colleges or  Institutions  (Regulation  of  Admission  and  Payment of

admission  to  the  first  year  of  

professional  medical  educational  

courses   namely:-

Minimum  aggregate  marks  of  external  

evaluation  in  theory  subjects  in  qualifying  

examination (Physics, Chemistry and Biology)

1. Medical and Dental Courses:

 (a) for General Category Candidates 70%

 (b) for Schedule Castes, Scheduled 40%                  Tribes, Socially & Educational

Backward Classes (Excluding                    Creamy layer) Candidates

2. For  Ayurved/  Nursing/  Homeopathy/  Physiotherapy/  Optometry/  Naturopathy/  Orthotics/ Occupational Therapy Courses.

(a) for General Category Candidates 50%

(b) for Schedule Castes, Scheduled 40%                Tribes, Socially & Educational                Backward Classes (Excluding                 Creamy layer) Candidates

By  the  order  and  in  the  name  of  the  Governor of Gujarat.

Sd/- (A.K. Bhatt)

Joint Secretary to the Government.”

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On a careful reading of the provisions of Rules 5 and 12 of the  

State Rules, 2008 and the notification dated 02.06.2008 of the  

State Government under Rule 12 (2) of the State Rules, 2008,  

it will  be clear that under the State Rules, 2008 candidates  

belonging  to  the  Scheduled  Castes,  Scheduled  Tribes  and  

Socially  and  Educationally  Backward  Classes  (excluding  

Creamy Layer) eligible for admission to the MBBS course was  

required to have 40% marks in the qualifying examination in  

Physics,  Chemistry and Biology and must have appeared in  

the  competitive  entrance  examination  conducted  in  the  

current academic year.   

11. On a comparison of the minimum criteria for admission  

to the MBBS course laid down in the MCI Regulations and the  

State Rules 2008, we find that both the MCI Regulations and  

State Rules, 2008 insist that a candidate must have obtained  

40%  marks  in  the  Physics,  Chemistry  and  Biology  in  the  

qualifying examination. The only difference between the MCI  

Regulations and the State Rules, 2008 is that while the MCI  

Regulations require the candidates belonging to the Scheduled  

Castes,  Scheduled  Tribes  and  Other  Backward  Classes  to  

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secure in the competitive entrance examination for admission  

40%  marks  in  the  Physics,  Chemistry  and  Biology  taken  

together,  the  State  Rules,  2008  do  not  contain  such  a  

requirement.   But  as  the  State  Rules  had  prescribed  a  

qualification standard which was less than that of MCI, the  

seven appellants, who took the Gujarat common entrance test  

for the academic year 2008-2009, got selected on the basis of  

their merit for the seats in the MBBS course reserved for the  

Scheduled  Castes,  Scheduled  Tribes  and  Other  Backward  

Classes and got admitted in the college even though they had  

not secured 40% marks in Physics, Chemistry and Biology in  

the  Gujarat  common  entrance  test.   The  qualification  

requirements  prescribed by  the  State  cannot  be  lower  than  

those prescribed by the MCI.  Therefore, in law, the order of  

the High Court is right.

12. This is, however, a clear case where the admissions of the  

seven appellants took place due to the fault of the rule-making  

authority in not making the State Rules, 2008 in conformity of  

the  MCI  Regulations.   For  this  fault  of  the  rule-making  

authority  if  the  appellants  are  discharged  from  the  MBBS  

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course, they will suffer grave injustice.  On the peculiar facts  

of the case, we are thus of the view that this is a fit case where  

this Court should exercise its power under Article 142 of the  

Constitution to do complete justice between parties.  In Delhi  

Judicial Service Association, Tis Hazari Court, Delhi v. State of  

Gujarat  and Others.  [(1991) 4 SCC 406] after examining the  

width of this power under Article 142 of the Constitution, this  

Court held:

“No  enactment  made  by  Central  or  State  legislature can limit or restrict the power of this  Court  under  Article  142  of  the  Constitution,  though while exercising power under Article 142  of  the  Constitution,  the  court  must  take  into  consideration the statutory provisions regulating  the matter in dispute.  What would be the need of  “complete  justice”  in  a  cause  or  matter  would  depend upon the facts and circumstances of each  case and while exercising that power the Court  would  take  into  consideration  the  express  provisions  of  a  substantive  statute.   Once  this  Court has taken seisin of a case, cause or matter,  it has power to pass any order or issue direction  as may be necessary to do complete justice in the  matter.  This has been the consistent view of this  Court as would appear from the decisions of this  Court in State of U.P. v. Poosu [(1976) 3 SCC 1],  Ganga Bishan  v.  Jai  Narain  [(1986)  1 SCC 75],  Navnit R. Kamani v. R.R. Kamani  [(1988) 4 SCC  387], B.N. Nagarajan v. State of Mysore [(1966) 3  SCR 682], Special Reference No. 1 of 1964 [(1965)  

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1 SCR 413, 499] and  Harbans Singh v. State of   U.P. [(1982) 2 SCC 101]. ”   

13. In  Sandeep  Subhash  Parate  v.  State  of  Maharashtra  

[(2006)  7  SCC  501],  this  Court  has  also  held  that  while  

exercising its discretion and jurisdiction and to do complete  

justice in terms of Article 142 of the Constitution, the Court  

must consider all relevant aspects of the matter including the  

decisions of this Court.  In that case, the Court found that the  

Sandeep Subhash Parate  did not lack  bona fides in getting  

admission  in  the  course  of  Bachelor  of  Engineering,  Pune  

University,  in  a  seat  reserved  for  Scheduled  Castes,  and  

exercising  its  constitutional  power  under  Article  142  of  the  

Constitution  the  Court  held  that  his  studies  in  the  

professional course should not be disturbed as he might not  

be entirely responsible for the admission in a reserved seat.  

14. In the facts of the present case, we have found that the  

appellants  were  not  to  be  blamed  for  having  secured  

admission in the MBBS course and the fault was entirely of  

the rule-making authority in making the 2008 Rules and the  

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appellants have gone through the pains of appearing in the  

common entrance test and have been selected on the basis of  

their merit and admitted into the MBBS course in the college  

in accordance with the State Rules, 2008 and have pursued  

their studies for a year.  Hence, even though under the MCI  

Regulations the appellants were not eligible for admission to  

the  MBBS course  in  the  academic  year  2008-2009,  for  the  

purpose of doing complete justice in the matter before us, we  

direct  that  the  admissions  of  the  appellants  to  the  MBBS  

course in the college during the academic year 2008-2009 will  

not be disturbed.  This direction shall not, however, be treated  

as a precedent.  The appeal is disposed of accordingly with no  

order as to costs.  

……………………..J.                                                                   (R.V. Raveendran)

……………………..J.                                                                   (A. K. Patnaik) New Delhi, February 18, 2011.     

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