Heena Masrat vs State of Jammu & Kashmir

T.S. Doabia, Judge.

Admitted taken up for final disposal.

Petitioner in person.

The short question which is required to be gone into in this petition is, as to whether the petitioner whose date of birth is 12.03.1981 can seek

admission to the MBBS course. The admission to this course was to remain open from 2nd of March to 20th of March, 1998.

A brochure was issued by the Competent Authority. The terms and conditions of eligibility have been laid down in this paragraph 6.2 deals with

age, qualification. Regulation 6.2 reads as under:

Candidates must have attained the age of 17 years on or before 31.12.1997.

The petitioner who is present in person submits that if the Rules and Regulations, laid down by the University are taken note of, then even a

candidate who is less that 17, years of age can get admission. For this reliance is being placed on Regulation 10 of University of Jammu Calender.

This paragraph reads as under

First Professional Examination.

The First Professional Examination shall be held twice (one regular and one subsequent) a year and shall be open to a student who

(i) has completed the age of seventeen years at the time of admission or will complete this age on 31st December of the year of his/her admission

to the M.B.B.S. Course;

On the basis of the above regulation it is contended that the requirement of Rules and Regulations is that a candidate has to be of seventeen

years of age at the time of admission. It is also contended that if this age qualification is acquired even by 31st December, 1998 even then the

candidate would be deemed to be fully eligible for securing admission. It is thus submitted that above regulation lays down that a candidate

completing age of 17 years in the year of admission i.e. up to 31st December is eligible to appear in the First Professional Examination. The First

Professional Examination is held after! 1/2 years after the admission. According to the petitioner, on a plain reading of above .regulation if a

candidate was 17 years of age at the time of admission and that also in the year of admission, then he or she would be eligible, it is, accordingly,

suggested that the, relevant year for the purpose of determining the qualification should be the year in which admission is sought. As per the

petitioner, this year is 1998.

The above contention raised by the petitioner is sought to be countered when objections filed to this petition are perused. It is stated that the

brochure issued by the Competent Authority holding the Entrance Examination is of no avail.

It be seen that at the top of the Brochure issued by the competent authority, the word used is ""Session"" 199798; ii) In the Calendar, the word

used is ""Year of Admission"".

After having considered the entire matter, I am of the opinion that the Rules and Regulation framed by the University do indicate:

i) Qualifying age has some reference to the date of admission,

ii) Only that candidate can take part in ""Final Professional Examination"" who has completed the age of 17 years in the year of admission,

iii) The brochure issued by the Competent Authority as also the regulation framed by the University do not define the term 'year1. This would in the

context mean the year when admission is given. This would in the present case mean the year beginning from 1st of Janurary.1998.

iv) Regulation 10, when given plain meaning does permit only one interpretation. This interpretation goes in favour of the petitioner.

It is also settled principle of interpretation that if on a plain reading a meaning can be given which safeguard the rights of the citizen and

advances the cause of justices, then that interpretation can be adopted. Thus the plain interpretation of regulation 10 which supports the case

projected by the petitioner can safely be adopted. As a matter of fact the respondentauthorities should have reconciled the situation at their own

level. At the time of issuing the brochure they should have examined the rules and regulations. Having not done so, the needful is being done now.

Before parting with the judgment it would be apt to notice the regulations which deals with eligibility etc. prepared by the Medical Council of

India. Chapterll deals with the admission, selection, migration and training. Regulation 4(1) is relevant for the purpose of this subject. This is being

noticed. This reads as under :

Admission to the Medical Course""Eligibility Criteria': No Candidate shall be allowed to be admitted to the Medical Curriculam of first Bachelor

of Medicine and Bachelor of Surgery(MBBS) Course until;

(1) He/She has completed the age of 17 years on or before first day of July of the year commencing the prescribed academic section of the said

course;

A perusal of the above would indicate that a candidate who completes the age of 17 years on or before the first day of July of the year in

which prescribed academic session is to be taken note of academic session. The academic session would naturally begin when the studies

commence. These commenced in the present case in the month of March 1998. If full effect is given to the spirit behind the above criteria, the

petitioner would again be entitled to get admission.

Reliance has been placed by the respondents on decision reported as Penakshi & Ors. V. State of Orissa and others, AIR 1995 Orrisa, 168.

The aforementioned decision is an authority for the proposition that policy decision taken after due consideration by an expert body should not be

interfered with, in the exercise of judicial review.

It be seen that in the present case no new parameters are being fixed by this court. Only the rules and regulation as in existence are being

interpreted. On the true interpretation of rules and regulation, noticed above, a conclusion has been arrived at. This is to the effect that petitioner is

fully eligible.

The petitioner is accordingly held entitled to the requisite relief. She cannot be denied the admission on the basis of clause 6.2 Regulation 10 is

clear. This permits a person who on the date of admission is of 17 years to get entry into the Medical College. The petitioner attained the age of 17

years on 12031998, i.e. before 20031998, last date of admission. As such she would be entitled to go ahead with her studies in the Medical

College.

The petition is allowed. The respondent's to give admission to the petitioner forth with. There would be no orders as to cost.