"Hold MBBS entrance test"

The alliance government had argued that Rule (2) of the MCI Act does not apply to Maharashtra. According to this rule the states having more than one examining body to conduct qualifying examinations should conduct a competitive entrance examination. In Maharashtra there is more than one examining body with 99 per cent of the students being examined by one organisation while less than 900 out of 1.10 lakh are examined by another body.

Secondly, the state Governor had issued proceedings under article 371 (2) in regard toVidarbha, Marathwada and rest of Maharashtra and the admissions for 1997-98 have to be made by the development boards. Admissions are development boards-wise and therefore it will be difficult to implement the Governor’s directions if a common entrance is to be held. Thirdly, the state said conducting an entrance examination for 50,000 students will be an extremely arduous task involving setting of papers, evaluation of answer sheets and preparation of merit lists after taking into account the choices of the students. At the same time, holding common entrance test for medical and not for engineering courses will be discriminatory.

On the contentions of the state government, the SC held that Maharashtra clearly falls within the category mentioned in the MCI rules. “The state’s contention that candidates from CBSEs board are small in number does not appeal us. It is also not possible for the state to say that conducting a common entrance test will delay the admission process or that it will be extremelydifficult to conduct the examination. "In fact the statement in the counter affidavit to the effect that the state has been conducting a common test for 1.80 lakh students at the 10+2 level in the seven divisional boards would itself show that the state is capable conducting a common test even if the number of students is large,” the court observed.

“We may also say that in several states, common entrance examination is being conducted even before 1997 when these regulations made by the MCI came into force. In fact in some states, entrance examination is conducted jointly for engineering and medical students also. We fail to see why the state of Maharashtra should say that it will be an arduous task,” the court pointed out. Referring to the provisions of article 371 (2), the court observed that it permits the governor to require an equitable arrangement be made for providing adequate facilities for technical education and vocational training in respect of Vidarbha, Marathwada and rest ofMaharashtra.

The SC declined the state government contention that time available for conducting the entrance test is too short, the court declined accept the contention.“There is sufficient time available and all that is necessary is that the state must immediately draw up the programme and time table for conducting the common entrance examination for the ensuing academic session and for other steps in that behalf,” the court observed.