NEET clearance by the two candidates was an ample proof of the thorough preparation done in Biology by the two
Jaipur: Providing relief to 2 MBBS aspirants, The Rajasthan High Court, through a recent decision has clearly held that the regular and continuous study of biology or biotechnology at higher secondary is not an essential condition for admission for MBBS. With the judgment, the court has reiterated the stand earlier taken by the Delhi High Court in a similar matter
The court has responded to a petition filed by Neha Chaudhary and Suraj Bansal who had been denied admission to an MBBS course despite, having cleared the NEET entrance, on the basis of not having studied biology as a subject at the higher secondary level as per Undergraduate Medical Education Regulation 1997.
The petitioners despite having been allotted seats in the Mahatma Gandhi Medical College, Jaipur, and Medical College Dungarpur, respectively, by the UG Admission Board, were denied admission by the said medical colleges.
In both the cases, admission refusal by these medical colleges had come in the face of the MCI Regulations that debar all candidates who have passed 10+2 level with Biology/Biotechnology as an additional subject whether simultaneously or subsequently at 10+2 level.
The denial came due to them not fulfilling Regulation 4(2)(a) of the Under Graduate Medical Regulations, 1997. The same criterion, however, had been set aside by the Delhi High Court that argued that continuous study of biology for two years is not required at the senior secondary level and that the subject could be cleared subsequently too.
Keeping in view the relief granted by the Delhi High Court to petitioners having cleared the 10+2 exam with Biology as an additional subject simultaneously or afterwards, the Rajasthan High Court had earlier noted that “the division bench order of the Delhi High Court does not prima facie entail a conclusion that Regulation 4(2)(a) of the Regulations of 1997 despite being struck down as discriminatory and arbitrary would yet be operative in respect of other students not before the Delhi High Court”. With this observations, the court had given a stay order with the direction to the medical colleges to hold the seat for two candidates.
Giving the final verdict, the HC observed that since the candidates successfully qualified the NEET 2018 and being meritorious be given admission to the course at the colleges allotted. Court rejected the MCI rules on the issue and allotted admission to both in Mahatma Gandhi Medical College and Government Medical College Dungarpur, respectively. The court said since the candidates have cleared NEET 2018, there is no point to not grant them admission as they have already made themselves thorough with biology while preparing for the exam.
reports Economic Times.