JUDGMENT I.A. Ansari, J. 1. Heard Mr. Somik Deb, learned Counsel, appearing for the Petitioner. Also heard Mr. N.C. Pal, learned Government Advocate, appearing for the Respondent Nos. 1 to 3, and Mr. P.K. Biswas, learned Assistant Solicitor General of India, appearing for Respondent No. 4. 2. Pursuant to the notification, calling for applications for admission into the MBBS Course in Agartala Government Medical College, the Petitioner herein, having obtained more than 50% marks in Physics, Chemistry and Biology in the qualifying examination, namely, Higher Secondary (+ 2 stage), conducted by the Tripura Board of Secondary Education, applied for admission into the MBBS course and as he was qualified, in terms of the Medical Council of India ('MCI' for short) Regulations, to appear in the combined competitive examination, popularly known, in the State of Tripura, as the Joint Entrance Examination (in short 'JEE'), he, having been allowed, appeared in the combined competitive examination. The Petitioner is, admittedly, a disabled person suffering from 40% locomotor disability of lower limbs. The MCI Regulations provide that 3% seats of the sanctioned annual intake, in a Medical College, shall be filled up by the candidates with locomotor disability of lower limbs between 50% and 70% and, in case any seat, in MBBS Course, in this quota of 3%, remains without being filled up on account of unavailability of candidates with locomotor disability of lower limbs between 50% and 70%, then, any such vacant seat, falling under the said 3% quota, shall be filled up by persons with locomotor disability of lower limbs between 40% and 50%. As the Petitioner, according to the information furnished to him by the Tripura Board of Entrance Examination, has secured first position, on merit, amongst the candidates belonging to physically handicapped persons, he claims that he ought to have been granted admission, in the MBBS Course, by the Respondent Nos. 1 to 3 under the said quota of 3%. 3. The Respondents have, however, declined to admit the Petitioner, in MBBS Course, on the ground that the Petitioner has not been able to secure 45% mark in the combined entrance examination, though he had obtained, admittedly, as indicated hereinbefore, more than 50% marks, in Physics, Chemistry and Biology, taken together in the qualifying examination, i.e. Higher Secondary (+ 2 stage) School Leaving Examination. Aggrieved by the decision of the Respondents, this writ petition has been filed by the Petitioner, under Article 226 of the Constitution of India, seeking issuance of appropriate directions to the Respondents. 4. While considering this writ petition, it needs to be noted that the MCI, by issuing a Notification, dated 25.03.2009, amended its Regulations by providing for reservation of seats, in the MBBS Course, in respect of those, who suffer from physical disability. The notification reads as under: No. MCI-34(41)/2008-Med./54469 - In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous approval of the Central Government hereby makes the following Regulations to further amend the Regulations on Graduate Medical Education, 1997, namely: 1. (i) These Regulations may be called the "Regulations on Graduate Medical Education (Amendment), 2009 Part - I." (ii) They shall come into force on the date of their publication in the Official Gazette. 2. In the Regulations on Graduate Medical Education, 1997, the following additions/modifications/deletions/substitutions, shall be as indicated therein: 3. In Chapter II, Clause 4 under the heading "Admission to the Medical Course - Eligibility Criteria", the following shall be added after sub-clause 2(f): 3. 3% seats of the annual sanctioned intake capacity shall be filled up by candidates with locomotory disability or lower limbs between 50% to 70%. Provided that in case any seat in this 3% quota remains unfilled on account of unavailability of candidates with locomotory disability of lower limbs between 50% to 70% then any such unfilled seat I n this 3% quota shall be filled up by persons with locomotory disability of lower limbs between 40% to 50% - before they are included I n the annual sanctioned seats for General Category candidates. Provided further that this entire exercise shall be completed by each medical college/institution as per the statutory time schedule for admissions and in No. case any admission will be made in the MBBS course after 30th of September. 4. The following proviso shall be added before the proviso to Clause 5(5)(ii): Provided that the eligibility criteria for admission to persons with locomotory disability of lower limbs in terms of Clause 4(3) above - will be a minimum of 45% marks instead of 50% taken together in qualifying examination and competitive entrance examination for admission in MBBS course. 5. 4. The following proviso shall be added before the proviso to Clause 5(5)(ii): Provided that the eligibility criteria for admission to persons with locomotory disability of lower limbs in terms of Clause 4(3) above - will be a minimum of 45% marks instead of 50% taken together in qualifying examination and competitive entrance examination for admission in MBBS course. 5. From a careful reading of the notification, dated 25.03.2009, what clearly emerges are: (i) a quota of 3% has been fixed for the persons suffering from locomotor disability of lower limbs provided their disability ranges between 50% and 70%; and (ii) if 3; quota remains without being filled up on account of non-availability of candidates with locomotor disability of lower limbs to the extent of 50; to 70%, then, any such vacant seat, within the prescribed quota of 3%, shall be filled up by persons with locomotor disability of lower limbs between 40% and 50%. As the Petitioner, admittedly, suffers from 40; locomotor disability of lower limbs, he, unless shown otherwise, satisfies the condition for filling up a seat available within the said 3% quota. 6. In addition to what have been pointed out above, it is important to note that the notification, dated 25.03.2009, lays down the eligibility criterion for admission of persons, who suffer from locomotor disability of lower limbs if their disability is of the prescribed percentage. The criterion for admission, in the light of the notification, dated 25.03.2009, is securing of minimum of 45% marks instead of 50% 'taken together' in the qualifying examination and also the competitive entrance examination. If the expression, 'taken together', is carefully examined, dispassionately considered and logically interpreted, it becomes clear that a person, who suffers from locomotor disability to the extent of 40% of his lower limbs, would be entitled to be considered for admission into MBBS course, within the prescribed quota of 3%, if he obtains 45% marks instead of 50% marks, in aggregate, by combining the marks obtained in the qualifying examination and competitive entrance examination. The expression 'taken together' would obviously mean, if I may reiterate, the aggregate of the marks obtained in the qualifying examination as well as competitive entrance examination. 7. The expression 'taken together' would obviously mean, if I may reiterate, the aggregate of the marks obtained in the qualifying examination as well as competitive entrance examination. 7. The Respondents have, however, as already indicated above, refused to admit the Petitioner on the ground that a person, in order to be able to obtain the relief under the notification, dated 25.03.2009, must obtain 45% marks not only in the qualifying examination, but even in the competitive entrance examination, the candidate must obtain 45% marks. Reliance in support of this contention has been placed by the Respondents on the letter, dated 21.04.2009, issued by the MCI, addressed to the Director General of Medical Education of the State Governments. The letter, dated 21.04.2009, aforementioned lays down, as has been contended by the Respondent Nos. 1 to 3, that a disabled person, in order to avail the benefit of 3% quota for admission into MBBS course, must have obtained 45% marks in qualifying examination and, again, 45% marks in the competitive entrance examination. The question, therefore, is whether the explanation, so offered, by the MCI's letter, dated 21.04.2009, would supersede and override the ordinary meaning, which the MCI's Regulations, contained in the notification, dated 25.03.2009, convey. 8. While considering the above aspect of the case, it needs to be borne in mind that the notification, dated 25.03.2009, is in exercise of powers under Section 33, conferred on the MCI by the Indian Medical Council Act, 1956, which enables the MCI to make Regulations with the approval of the Central Government. The Regulations, so made, are statutory in nature and cannot be superseded by any subsequent clarification, which the MCI may choose to offer. The MCI's letter, dated 21.04.2009, is, therefore, clarificatory in nature and cannot be taken to have superseded the notification, dated 25.03.2009. If the notification, dated 25.03.2009, makes it possible to consider that a candidate, suffering from locomotor disability, shall have to obtain 45; marks in the qualifying examination and also 45% marks in the combined entrance examination, then, the clarification, issued by the MCI, on 21.04.2009, would succeed. If the notification, dated 25.03.2009, makes it possible to consider that a candidate, suffering from locomotor disability, shall have to obtain 45; marks in the qualifying examination and also 45% marks in the combined entrance examination, then, the clarification, issued by the MCI, on 21.04.2009, would succeed. If the notification, dated 25.03.2009, makes it impossible to construe that a person, suffering from locomotor disability, has to obtain 45% marks not only in the qualifying examination, but also 45% marks in the combined competitive entrance examination, then, the clarificatory letter, issued by the MCI, on 21.04.2009, cannot and would not supersede, prevailed upon, or the notification, dated 25.03.2009. 9. This Court has read and re-read the notification, dated 25.03.2009, and what this Court finds is that the expression, 'taken together', cannot be interpreted to mean what the MCI's letter, dated 21.04.2009, seeks to convey. The notification, if read carefully, would mean, as already indicated above, that a person, suffering from locomotor disability to the extent, as indicated above, would be entitled to fill up the vacant seat of 3% quota if he obtains minimum 45% marks, in aggregate, by taking together his marks in the qualifying examination as well as in the competitive entrance examination. 10. In the present case, as the Petitioner has obtained, in aggregate, more than 45% marks in the qualifying examination and combined entrance examination, he is entitled to the benefit of the notification, dated 25.03.2009, and he has rightly laid his claim, in the facts and circumstances of the present case, for admission into the MBBS course in the Agartala Government Medical College, because he is a person, who suffers from 40% locomotor disability of lower limbs and, on merit too, his position, amongst the physically handicapped persons, is first. The refusal, therefore, of the Respondents to grant admission to the Petitioner, into the MBBS course, by applying the quota of 3% reservation, as indicated above, is contrary to law and cannot be sustained. 11. In the result and for the foregoing reasons, this writ petition succeeds. As the quota of 3% seats has been lying without being filled up, the Respondents are hereby directed to admit the Petitioner into the MBBS course, for the academic Sessions 2001, by rearranging, if necessary, merit position of all the candidates. The whole exercise, so directed, shall be completed within a period of one week from today. 12. As the quota of 3% seats has been lying without being filled up, the Respondents are hereby directed to admit the Petitioner into the MBBS course, for the academic Sessions 2001, by rearranging, if necessary, merit position of all the candidates. The whole exercise, so directed, shall be completed within a period of one week from today. 12. With the above observations and directions, this writ petition shall stand disposed of. 13. No order as to costs.