When a college prescribes in its prospectus minimum marks in select subjects in the qualifying examination like the senior secondary school exam or the plus 2 exam for being considered for admission into a course, but through inadvertence or confusion, forgets to add the regulator's independent mandate that the candidate must also secure at least the prescribed marks on average in the same subjects in the Common Entrance Examination conducted in the State, the students of the college cannot be expelled for not meeting the regulator's norms while admittedly meeting the college norms especially when considerable time has elapsed.

In Deepa Thomas vs MCI, the Supreme Court vide an order dated 25th January 2012 (or shall we say vide a recent order if you think considerable time has elapsed since the judgement) using its plenary powers under article 142 of the Constitution to do complete justice, allowed the students falling foul of the Medical Council of India's (MCI) norms in Kerala at the relevant point of time to the effect that the candidates, though meeting the college norms, should have secured a minimum average of 50 per cent in physics, chemistry and biology in the Common Entrance Examination (CEE) conducted by the MCI in the State to continue, and empathised with them on two grounds: (a) the fault if any in not carrying out the MCI mandate was that of the college which had in its prospectus mentioned that the minimum average mark in aggregate in physics, chemistry and biology in the qualifying examination such as senior secondary or plus 2 must be at least 60 per cent while through inadvertence omitting to mention the additional MCI norm; and (b) the students were in their 5th year, having passed the exams conducted in the first four years.

(The author is a Delhi-based Chartered Accountant)

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