MBBS requires both theoretical and practical knowledge of senior secondary level: Supreme Court of India
To meet to the criteria of equivalence, all the subjects must have been studied, and practical examinations attempted at the 10+2 or equivalent level must have been conducted. To be eligible for admission, the candidate should produce clear and categorical material to show that they underwent the necessary years of study in all the stipulated subjects. This assertion was made by the honorable Supreme Court of India presided by J. L. NAGESWARA RAO and J. S. RAVINDRA BHAT in the case of KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES vs. SRIKEERTI REDDI PINGLE &amp; ORS. [CIVIL APPEAL NO. 390 OF 2021]. The Kaloji Narayana Rao University of Health Sciences appealed a decision of the Telangana High Court which allowed a writ petition preferred by the respondent. The respondent student had sought a direction declaring the action of the University in treating her as ineligible for admission to the MBBS Course as illegal. The student had applied, pursuant to a notification issued by the University for Admission into the management quota for NRI candidates for the MBBS/BDS course. The University published a list containing the respondent student’s name, clarifying that she had not furnished proof of study of Biological Science subject in the qualifying examination. The respondent then secured a letter from the Consulate General of India in New York, stating that she had successfully completed the 12th grade from one Conrad High School, West Hartford, Connecticut and that it was equivalent to the 12-year Senior Secondary Board Examination Certificate of India. The University issued a notification seeking web option for the second round of online counseling for admission to the MBBS/BDS seats in the management quota. The student approached the High Court and besides relying upon the certificate/letter issued by Conrad High School, she also relied upon a certificate issued by the Telangana State Board of Intermediate Education which declared the equivalence. The student applied for an interim order and was permitted to participate in the counseling process conducted for the remaining seats without prejudice to the parties’ rights. Thereafter, the University filed an application for vacation of the interim order, made its position clear and spelt out why according to it, the respondent student was ineligible. The Telangana High Court declared that the University acted arbitrarily in treating the student ineligible.
 IN THE CIVIL APPEAL NO. 390 OF 2021 KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES …APPELLANTSRIKEERTI REDDI PINGLE & ORS. S. RAVINDRA BHAT J. 1. With consent of learned counsel for the parties the appeal was heard finally. The Kaloji Narayana Rao University of Health Sciences appeals a decision of the Telangana High Court1 in W.P. No.23953 2020 which had allowed a writ petition preferred by the respondent 2020 21. The student had applied for admission to the MBBS course. The University published a list on 12.12.2020 containing the respondent student’s name clarifying that she had not furnished proof of study of Biological Science subject in the qualifying examinationNew Intermediate University and the 12 year Senior Secondary Board Examination Certificate of India. On 23.12.2020 the University issued a notification seeking web option for the second round of online counselling for admission to the MBBS BDS seats in the management quota for AY 2020 21. The student approached the High Court on 24.12.2020 and besides relying up on the certificate letter issued by Conrad High School she also relied upon a certificate issued by the Telangana State Board of Intermediate Education dated 23.12.2020 which declared the equivalence and informed that the 12th class senior secondary examination of the West Hartford Board of Education Connecticut USA was equivalent to the Intermediate Examination conducted by the Telangana State Board of Intermediate Education. The student applied for an interim order and was permitted to participate in the counselling process conducted for the remaining seats without prejudice to the parties’ rights. Thereafter the University filed an application for vacation of the interim order made its position clear and spelt out why according to it the respondent student was ineligible. The High Court by its impugned order relied upon the certificate of the Telangana State Board of Intermediate Education as well as the letter dated 11.12.2020 of Conrad High School and the certificate of 14.12.2020 issued by the West Hartford Science Department Supervisor. The High Court declared that she had completed her 12th grade with Biological Sciences as required by the concerned regulations framed by the erstwhile MCI which continued to govern and regulate admissions to various classes of medical courses. The High Court also held erroneous the University’s position that there was no proof of her studying Biological Sciences in the qualifying examination. The Court took note of the equivalence certificate issued by the Telangana State Board of Intermediate Ed ucation and was of the opinion that the University could not therefore approve and add new grounds in respect of the student’s application for admission. It con cluded that the University acted arbitrarily in treating the student ineligible. 5. Ms. Madhavi Divan Additional Solicitor General for Indiarelied upon Regulation 4(1) of the Medical Council of India Regulations on Graduate Medical Education 1997 as amended from time to time particularly on 23.01.2018He 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 Examina tion after a period of 12 years study the last two years of study com prising of Physics Chemistry Biology Biotechnology and Mathemat ics or any other elective subjects with English at a level not less than core course of English as prescribed by the National Council of Edu cational Research and Training after the introduction of the 10+2+3 years educational structure as recommended by the National Commit tee on education Note: Where the course content is not as prescribed for 10+2 educa tion structure of the National Committee the candidates will have to undergo a period of one year pre professional training before admis sion to the Medical colleges b) The intermediate examination in science of an Indian Universi ty Board or other recognised examining body with Physics Chemistry and Biology Bio technology which shall include a practical test in these subjects and also English as a compulsory subject c) The pre professional pre medical examination with Physics Chemistry and Biology Bio technology after passing either the higher secondary school examination or the pre university or an equivalent Examination. The pre professional pre medical examination shall in clude a practical test in Physics Chemistry and Biology Bio technology and also English as a compulsory subject d) The first year of the three years degree course of a recognized uni versity with Physics chemistry and Biology Bio technology including a practical test in three subjects provided the examination is a "Uni versity Examination" and candidate has passed 10+2 with English at a level not less than a core course e) B.Sc. examination of an Indian University provided that he she has passed the B.Sc. examination with not less than two of the follow ing subjects Physics Chemistry Biology Bio technology and further that he she has passed the earlier qualifying examination with the following subjects Physics Chemistry Biology and English. f) Any other examination which in scope and standard is found to be equivalent to the intermediate science examination of an Indian Uni versity Board taking Physics Chemistry and Biology including prac tical test in each of these subjects and English. Note: The pre medical course may be conducted either at Medical College or a science College. Marks obtained in Mathematics are not to be considered for admis sion to MBBS Course. After the 10+2 course is introduced the integrated courses should be It is submitted that the University was justified in rejecting the student’s candidature because there was no material furnished for it to conclude that she had undergone a complete course in Biological Sciences and that consequently the qualifications held by her were equivalent to the 10+2 qualification required by the Regulations. The ASG highlighted in this regard that Conrad High School’s letter dated 11.12.2020 stated that the student undertook a rigorous course of study of Advanced PlacementBiology during her 10th grade year. It is submitted that according to the letter issued by Conrad High School the course was an introductory biology course which examines in an accelerated and in depth manner topics in biochemistry cellular biology organismal biology population biology evolution genetics and ecology and that it prepares students for the SAT Biology E M subject test. The learned ASG further pointed out that according to the letter dated 14.12.2020 relied on by the student the AP Biology course at Conrad High School was designed to be equivalent to a first year college level Biology course and was al so aligned to the two courses offered at the University of Connecticut. The letter fur ther clarified that “in most high schools across the US this Course is offered dur ing Grade 11 or 12 to students as a second year Biology course”. The ASG pointed out that as a consequence the University acted correctly and was within its rights in refusing admission on the ground of lack of equivalence in the qualification held by the student. Even in terms of the material submitted by her as far as the letter issued by the Consulate General of India dated 22.12.2020 is concerned the learned ASG emphasized that it merely certified that according to the Resolution adopted at the meetings of the Equivalency Committee and the Standing Committee of the Association of Indian Universities New Delhi the 12 Year High School Diploma of the United States of America is recognized in India as equivalent to 12 years senior secondary board examination certificate of India. However significantly it does not and cannot be construed as equivalent to a 10+2 qualification with Biological Sciences. Likewise it is stated that the Telangana State Board of Intermediate Education’s certificate merely declared equivalence to the intermediate examination conducted by the Telangana State Board of Intermediate Education. This too omitted the equivalence of the qualification held by the students in terms of the Regulation i.e. that the candidate had to complete 2 years scholastic training in Biological Sciences which is essential. It was emphasised that the entire structure of Regulation 4(2) lays emphasis not only on the equivalence of the qualification with respect to 10+2 or intermediate sciences examination in the Indian University Board but that the student should have complete schooling in those subjects in each of the concerned years i.e. 11th and 12th and should have passed 10+2 with English as a subject as well. It was submitted last ly that by all indications the qualification held by the student in this case is equiva lent to 10+2 of any Board in India with English as one of the subjects but there is no further proof that she had undergone study in Biology or Biological Sciences in each of the concerned years at the 10+2 stage. In these circumstances the learned ASG urged that this Court should reverse the impugned judgment. 9. Mr. Rana Mukherjee learned senior counsel appearing for the student argued that the impugned judgment has correctly reasoned that the candidate held equivalent qualifications and was eligible for consideration for a medical UG MBBS course offered by the University as an NRI candidate but submitted that a close look at Regulation 4(2) particularly Regulation 4(2)(f) clarifies that nowhere is it expressly stipulated that an eligible candidate has to undergo schooling in every year in the concerned subjects in the present case that subject being Biology Biological Sciences. Learned counsel placed reliance upon the two letters of Conrad High School dated 11th and 14th December 2020 and the equivalence certificate issued by the Telangana State Board of Intermediate Education. He further placed reliance up on the letter written by the Assistant Principal of Conrad High School on 29.01.2021 which sought to clarify the structure of pre school through 12th grade in the US espe cially in the state of Connecticut. The relevant part of the letter reads as follows: “High school in the United States is not specialized for a specific ca reer path as a result in addition to the core classes that students can choose to takestudents can choose to take elective courses in Business Art Theatre Music Technology and Engineering etc. While there is an expected order of specific courses within each field for example all 9th grade students take Earth Science a student in 10th grade in West Hartford has the option of taking an Advanced Placement Biology course which is challenging and at a college level. Students can earn college credit for these courses. Students can take courses based on their interests but they still must take a certain number of courses in each discipline. Our expectation at Conard High School is that stu dents WILL challenge themselves with difficult and advanced courses to prepare them for college and to determine their future interests and possible pathways to careers. The state of Connecticut does not have a 10+2 system as many other countries do. However students in grades 9 12 have the opportunity to take college level courses through the college Board’s Advanced Placement Program and Early College Experience courses is correct. He emphasised that each of the sub clauses i.e. to of Clause 4(2) are independent of each other and in the present cases the declaration of equivalence established by the certificate of 23.12.2020 by the Telangana State Board of Intermediate Education could not have been discredited as was done by the University. Analysis and Conclusions 11. A plain reading of Regulation 4(2) shows that the MCI visualized five different situations having regard to the nature and structure of high school education in India and provided for equivalence in respect of other variants of similar examinations possibly even overseas qualifications. In all the MCI regulations contemplate six qualifications for eligibility higher secondary examinations conducted by one of the several boards or the Indian School Certificate Examination (ii) intermediate 2 W.P.Nos.32099 2019 & WMP 32352 & 32353 2019 dated 14.07.2020 3WP Nos. 16529 & 16534 2020 & WMP 20510 20512 20517 and 20515 2020 dated01.12.2020 examination in science of an Indian University Board or other recognised examining body(iii) “Pre professional pre medical examination” with Physics Chemistry and Biology Bio technology after passing either the higher secondary school examination or the pre university or an equivalent examination with further stipulation that the pre professional examination should have a practical test in Physics Chemistry and Biology Bio technology (iv) the first year examination of the three years degree course of a recognized university with Physics Chemistry and Biology Bio technology with a further stipulation that the candidate should have passed the 10+2 examination with English at a level not less than the “core course” Reg. 4(2)(d)] the B.Sc. examination of an Indian University only if the candidate “has passed the B.Sc. examination with not less than two of the following subjects Physics Chemistry Biology Bio technology and further that he she has passed the earlier qualifying examination with the following subjects Physics Chemistry Biology and English”and lastly any examination found to be equivalent to the intermediate science examination of an Indian University Board taking Physics Chemistry and Biology including practical test in each of these subjects and English[Reg. 4(2)(f)]. It is noticeable that each variant of what is acceptable lays stress on certain common features: that the candidate should have passed the examination with Physics Chemistry and Biology Bio technology the candidate should have undergone practical tests in those science subjects the candidate should have studied English and lastly that marks obtained in Mathematics would not be tak en into consideration for deciding admission to the MBBS course. 13. The respondent student’s argument is twofold: one that the letters of Conrad High School4 and the West Hartford Science Department Supervisor5 together with the certificate of the Telangana Intermediate Education Board6 establish that she had 4Dated 11.12.2020 and 29.01.2020 5Dated 14.12.2020 6Dated 23.12.2020 successfully undergone a school certificate program equivalent to the 10+2 qualification in India and second that the Advanced Placement course undertaken by her is equivalent to a first year degree qualification in Biology. This court finds the submission insubstantial. While the court cannot claim expertise and pronounce upon the curriculum and pedagogy of any course much less the academic course which the studentqualified what it can certainly do is examine whether the University’s stand that she does not hold a qualification equivalent to any of the five categories of qualifications spelt outtoor the sixth categoryis correct. 14. A careful reading of the said provision discloses that the MCI emphasized that the candidate should have undergone study at the 10+2 stage in the specified subjects of Physics Chemistry and Biology Bio technology. In this case the certificate relied upon by the student7 merely clarifies that she undertook a course whilst in the 10th grade. That by no means is sufficient to fall within the description of “equivalent” qualification under Regulation 4(2)(f). Nor in the opinion of this court can it be deemed adequate having regard to the letter of the Assistant Principal of Conrad High School8 that the AP course in Biological Sciences is of college standard. In the opinion of this court there is a rationale and compelling logic on the part of the University to say that the candidate should have studied biology or biological sciences in all the relevant years during the intermediate or at 10+2 level. Further the reference to having studied in the first year in a degree course at the college level with the said subject carries with it the implication that the student would have necessarily undergone academic study and training in the said three subjects at the 10+2 or intermediate levelclearly signifies that a candidate should have undergone study in those subjects for the last two years at school or intermediate college level. The regulation is further clear that the examination score in Mathematics shall not be taken into consideration for the purpose of admission to a medical course in reckoning merit or performance in the qualifying examination. 16. So far as the judgment of the Madras High Court in Sharanya Balaji Nadar supra) is concerned the candidate there had applied for admission and was permitted to appear in the common entrance examination. The structure of the concerned regulations of the Dental Council of India in that case were closely similar to Regulation 4(2) of the MCI Regulations in the present case. The High Court accepted the candidates’ submissions and held as follows: “14. A careful reading of the above regulations makes it clear that a candidate even at the time of taking NEET examination must fulfil the eligibility criteria that is prescribed in Clause 3 which is extracted supra. Clause 3 contains six sub clauses from to and sub clauserequires consideration. The case of the petitioner is that she falls under sub clauseof the regulations. Any candidate who falls under sub clause f) of the regulations has to obtain an equivalence certificate from the concerned authority. The concerned authority is the Association of the Indian Universities. This authority considered the degree diploma ob tained by the petitioner in as educational institution at USA. The con cerned authority found that the qualification of the petitioner is equiv alent to the senior school certificate of CBSE other boards in India. The evaluation of the educational credentials has been extracted su It is based on this equivalence certificate the petitioner was allowed to write the NEET examination and the petitioner se cured 258 marks and she was allotted a seat in the fourth respondent college by the allotment order passed by the third respondent dated 24.07.2019. The petitioner is undergoing the course.” In Kashvi Udhayakumarthe relevant facts were noted by the court in the following terms: “The petitioners got the confirmation from the Equivalence Commit tee and the Standing Committee of the Association of Indian Universi ties that the high school diploma underwent by the petitioners in USA is equivalent to 12 year senior school Certificate of Central Board of Secondary Education.” 18. The High Court then cited and relied on Sharanya Balaji Nadarto hold that each sub clause of Regulation 4(2) was independent and that the qualification held by the candidate an NRI who had studied in the USA was deemed to be equivalent to the prescribed eligibility conditions: “13. It was categorically held by this Court that each Clause is inde pendent of the other and none of the sub clauses can be read together. If the candidate has fulfilled the requirements of any one of the Clause he or she will be entitled for admission to the Medical Course. The petitioners in the present case will fall within Regulation 4and once the petitioners have produced the Equivalence Certificate issued by the 5th Respondent there is no more requirement to again subject the petitioners for one more scrutiny on their eligibility. It will be too farfetched to declare that a candidate who fulfils the requirements for NEET Examination will not fulfil the qualification when it comes to joining the MBBS Course. Such an interpretation will lead to illogical consequences. The petitioners who were living in USA have come to this country to undergo the Medical Course and they were found to be eligible by the Equivalence Committee to write the NEET Examina After having been given an allotment in the 4th Respondent Institu tion the 4th Respondent Institution cannot now undertake one more exercise and come to a completely different conclusion by reading Regulation 4into Regulation 4and thereby render the effect of Regulation 4completely nugatory and redundant.” It is apparent that the High Court followed its previous judgment and did not closely scrutinize the equivalence certificate or the subject stipulations. It also appears to have been largely influenced by the fact that the candidate was in fact admitted by the University. In the opinion of this court the construction placed on Regulation 4(2) i.e. that each of the sub clauses to prescribes independent qualifications which should be deemed essential is rather simplistic. That interpretation ignores the fact that each of the sub clauses insists that certain subjects should have been studied and practical examinations attempted at the 10+2 or equiv alent level. Secondly the college or intermediate examinationcannot be read in isolation having regard to the cir cumstances. The provision must be read in the context of the requirements for eligi bility under Regulations 4(2)(a) torequires equiva lence in ‘standard and scope’ in an examination where the candidate is tested in Phys ics Chemistry and Biology including practical testing in these subjects along with English. These subject matter requirements are consistent across Regulations 4(2)(a) toandwith practical exams in each of those years that he or she should also have had English as a subject and that the score in Mathematics would be ignored and not taken into consideration9. It would be in this context necessary to clarify that the equivalence relied on by the Telangana Intermediate Board in this case merely alluded to the general equivalence in terms of education at the intermediate level 9The last negative stipulation by a note applicable to all the sub clauses of Regulation 4(2). without stipulating whether the qualifications were equivalent in terms of the subjects in which she undertook courses for the relevant years. 21. The stipulation of equivalence in Regulation 4(2)(f) is not merely a formal one. The provision must be read in the context of the consistent conditions of eligibility prescribed in Regulations 4(2)(a) to as noted above. This court in State of Bombay v. R.M.D. Chamarbaugwala10 interpreted the definition of a ‘prize competition’11. A prize competition was defined as including crossword prize competitions picture prize competitions etc. and finally any other prize competition for which solution is or is not prepared beforehand by the promotors or for which the solution is determined by lot or chance. This last qualification was appended only to the last sub clause on ‘any other competition’. The court held that the qualification should be equally applicable to the other sub clauses too and that there was no difficulty in reading the qualifying clause as lending colour to each of those items. In the present case Regulation 4(2)(f) explicitly refers to the subject matter requirement reiterated in all the eligibility conditions from to the substance of the eligibility requirement indeed is that the candidate should have qual ified an intermediate level examination or first year of a graduate course and studied the subjects of Physics Chemistry and Biology at this level along with practical testing in these subject areas and the English language. This subject matter requirement is at the heart of eligibility to be admitted into the medical course. 22. For these reasons this court is of the opinion that the interpretation placed up on the regulations in both the cited cases by the Madras High Court do not reflect the correct position. To be eligible the candidate should produce clear and categorical material to show that she underwent the necessary years of study in all the stipulated subjects. This court is of the opinion that such stipulations are to be regarded as essential given that the course in question i.e. MBBS primarily if not 101957 SCR 930. 11Under s. 2(1)(d) of the Bombay Lotteries and Prize Competitions Control and Tax Act 1948. 14 predominantly involves prior knowledge both theoretical and practical of senior secondary level in biology or biological sciences. 23. For the above reasons this court is of the opinion that the impugned order cannot be sustained it is therefore set aside. The appeal is allowed without order on [S. RAVINDRA BHAT] costs. New Delhi February 16 2021. 