In a significant order, the Gujarat High Court has struck down a state government rule that made mere appearance in the Gujarat Common Entrance Test (GujCET) as an eligibility criterion for admission to MBBS course in any state college. The court called the state government rule ‘unilateral’ and in violation of the statutory regulations framed by the Medical Council of India (MCI).

The order was pronounced by the division bench of Chief Justice K S Radhakrishnan and Justice Akil Kureshi while dismissing a petition filed by eight students who were given admission to Pramukhswamy Medical College in Karamsad for MBBS course under the state rules.

The MCI had directed the medical college to discharge the students as they were admitted under the provisions of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Payment of Fees) Rules, 2008 while violating the MCI’s Graduate Medical Education Regulations, 1997.

According to MCI regulations, after passing the qualifying examination, the students also have to secure a certain percentage of marks in the state-level common entrance test to be eligible for admission to MBBS course.

Although the rules framed by the state government in 2008 stipulate that after passing the qualifying examination, the students only have to appear in GujCET and are not required to score a particular percentage of marks.

In case of the eight petitioners, they were admitted in MBBS course although they had scored marks below the mandatory MCI regulations in GujCET.

Following MCI direction, the medical college issued discharge notices to the students, after which they moved HC to allow them to continue study as they were given admission under state rules.

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