Telangana High Court has directed Kaloji Narayana Rao University of Health Sciences to give admission in M.B.B.S. course to an NRI who was denied medical seat stating that she had no proof of study of biological sciences in her qualifying examination.
A bench of Justices M.S. Ramachandra Rao and T. Amarnath Goud, pronouncing judgment, said the student P. Srikerti Reddy should be given medical seat forthwith without insisting for proof that she studied biological sciences in qualifying exam. The judgment also declared the university’s action of treating the student ineligible for admission as arbitrary and illegal.
The student, whose father is of Indian origin, completed 12th standard at Conrad high school under West Hartford Board Education, Connecticut in the US. She appeared for National Eligibility cum Entrance Test (NEET) under graduate exam in foreign national category. Her all India rank was 4,82,207.
On December 12, 2020, the university said she was ineligible for admission in MBBS course as she had no proof of studying biological sciences in the qualifying examination (for Indians it is Intermediate or CBSE plus two).
She moved the HC challenging the university’s decision. The petitioner’s counsel presented to the court that School Counsellor of Conard high school issued a certificate on December 11, 2020 stating that the student had appeared for Advanced Placement Biology course. Subjects of bio-chemistry, cellular biology, organism biology, population biology, Evolution, Genetics and Ecology were covered in deep in that course.
She also presented a certificate issued by Consulate General of India, New York, endorsing that her 12-year high school diploma in the US was recognised in India as equivalent to two-year Pre University Course (present Intermediate programme). Another certificate issued by Telangana State Board of Intermediate Education confirming the 12th class/senior secondary examination of West Hartford Board of Education, Connecticut, USA, was equivalent to Intermediate course.
As per the university’s notification for admissions, the student had uploaded the equivalent certificate issued by Intermediate Board. Additional Advocate General J. Ramchandra Rao contended that the student had not studied biological sciences, physics and chemistry in 11th and 12th standards as required. She studied biological sciences only in tenth standard, Mr. Rao argued. The certificate issued by Intermediate Board did not specifically say that she studied those subjects in 11th and 12th standards, he told the court.
The bench noted that the university did not cite this as reason making her ineligible for admission. It only stated that there was “no proof of study of biological sciences subject in qualifying examinations”. The validity of the equivalence certificate issued by the Intermediate Board was also not mentioned.
The university cannot improve and add new grounds to make her ineligible for admission, the bench said.
