Private candidates who have taken Biology as an Additional Subject are now eligible to get admission in MBBS Course which was previously barred by MCI under the amended notification dated 23.01.2018

In view of aforesaid, writ petitions are allowed. The respondents are

directed to permit the petitioners in case they are covered by

Regulation 4 (2) (b), for counselling along with the rest of the

students. It is made clear that the respondents shall not apply

Regulation 4 (2) (a) upon the petitioners who have come as private

students from U.P. Board. Some of the students who were permitted

counselling and were allotted colleges in these petitions have been

stopped at that level by the respondents. In case they are qualified as

per Regulation 4 (2) (b), respondents shall process their cases also

further for allotment of seats along with the rest of the students.

17. With the aforesaid observations and directions, the writ petitions are

disposed of.

Order Date :- 23.7.2018

Heard Sri Amrendra Nath Tripathi, assisted by Sri Ganesh NathMishra, Sri Shailendra Srivastava, assisted by Aastha Mishra, learnedcounsel for petitioners, Sri Sanjay Bhasin learned counsel for DGME,Sri Gyanendra Kumar Srivastava learned counsel for MCI, SriShashank Bhasin for CBSE and the learned standing counsel.[2]2. By the present bunch of writ petitions the petitioners have challengedthe eligibility condition No.(vii) and (viii) of the Notification ofNational Eligibility Entrance Test (NEET), 2018 which reads asfollows:-"(vii) Provided that two years of regular and continuous study ofPhysics, Chemistry, Biology/Bio-technology takentogether shall be required at 10+2 level for all thecandidates.(viii) Candidates who have passed 10+2 from Open Schools oras Private candidates shall not be eligible to appear forNational Eligibility-cum-Entrance Test-UG. Furthermore,study of Biology/Bio-technology as an Additional Subjectat 10+2 level also shall not be permissible."3. The admitted facts of the case are that the petitioners completed theirIntermediate as private students from the Uttar Pradesh Board withsubjects Physics, Chemistry, Mathematics and English. Thereafter inthe next year they appeared as private students with Biology subjectand cleared their Biology paper.4. Submissions of learned counsel for petitioners is that case ofpetitioners is covered by Regulation 4 (2) (b) of 1997 Regulationswhile submission of learned counsels for respondents is that case ofpetitioners would…
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