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This is an archive article published on March 7, 1998

SC orders combined MBBS entrance test in Maharashtra

MUMBAI, March 5: In a significant directive, the Supreme Court has asked the State Government to hold a combined entrance test for admission...

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MUMBAI, March 5: In a significant directive, the Supreme Court has asked the State Government to hold a combined entrance test for admissions to the first year MBBS course from the ensuing academic session.

"Though we have not received a certified copy of the Supreme Court verdict, we have been informed by our standing counsel that such an order has been passed. Since it is an order of the Apex Court, we have to implement it in letter and spirit," a senior government official told The Indian Express.

However, the official said the government is considering to file a review petition before the Supreme Court to seek more time for conducting the entrance test as it will be difficult for the department to organise the entrance examination in the next two months. "If our plea fails, then we will have to hold the entrance test in May ’98," the official added.

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Disposing a writ petition filed by Additional Commissioner of Income Tax Ravinder Kumar Rai, the Supreme Court upheld the guidelines prescribedby the Medical Council of India (MCI) on holding the entrance test.

Rai submitted that the MCI has framed regulations regarding graduate medical education and also prescribed rules for admission, selection and training in medical colleges. The MCI rules, which prescribed the criteria to be adopted uniformly throughout the country, clearly stated that candidates should be selected on the basis of merit.

According to the rules, in states having only one medical college and one university/board/examination body conducting the qualifying examination, the marks obtained at such an examination should be taken into consideration.

In states having more than one body conducting the qualifying examination, a competitive entrance examination should be held so as to achieve uniform evaluation. Otherwise, there might be variations in the standards of the qualifying examinations conducted by different agencies, according to MCI rules.

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Rai pointed out that clearly, Maharashtra is covered under the second clause ofMCI rules and as such it is duty bound to conduct competitive examinations for admission to medical colleges. He also submitted that there were three organisations — Indian Certificate of Secondary Examination (ICSE), Central Board for Secondary Education (CBSE) and the Maharashtra State Board of Higher Secondary Examination.

Stating that the State Government was violating the fundamental right of the students seeking admission to medical colleges by not following the MCI rules, Rai said that unequals were being treated as equals as far as the question of admission to medical colleges was concerned.

Secondly, Rai pointed out that the State Government has failed to appreciate that the level of examination in the State as well as ICSE and CBSE boards were different.

On the contentions of Rai, the Sena-BJP Government submitted that though there were three boards, more than 1.30 lakh students are appearing for the examination conducted by the Maharashtra State Board of Higher Secondary, while the studentsof the two other boards, were almost negligible.Another submission made by the State Government was about the removal of regional imbalance. "We submitted that as per article 371 (2) of the Constitution, statutory development boards are set up for the removal of regional imbalance. Distribution of seats for the backward regions is done as per the directions of the Governor, who is the Chairman of these boards," the official said, adding, however, our contention was not accepted by the Apex Court.

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