JUDGMENT

V. Ramasubramanian, J. - Aggrieved by the dismissal of his two writ petitions praying respectively for, (i) a declaration that Regulations 4(a)(i), 4(a)(ii), 4(b) & 4(c) of the National Medical Commission (Foreign Medical Graduate Licentiate) Regulations 2021, hereinafter referred to as 'the Licentiate Regulations'; and (ii) a declaration that Schedule-II 2(a) and 2(c)(i) of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021, (hereinafter referred to as "CRMI Regulations") both published on 18.11.2021, are ultra vires and violative of Articles 14, 19(1)(g) and 21 of the Constitution, the writ petitioner before the Madras High Court has come up with the above appeals.

2. We have heard Mr. Gopal Sankaranarayanan, learned senior counsel appearing for the appellant.

3. The appellant completed his Higher Secondary education in the year 2021 under the C.B.S.E. Scheme. According to him, he appeared for NEET 2021 and obtained 55.443417 percentile score. His All India NEET Rank was 68772. Therefore, he could not get admission to a medical college of his choice in India.

4. Contending (i) that he wanted to join an Under Graduate Medical Course in Anna Medical College, Mauritius; (ii) that due to the restrictions on international travel during the pandemic, he was unable to join the said Course during the academic year 2021-22; and (iii) that in the meantime the National Medical Commission of India brought the Licentiate and CRMI Regulations, imposing heavy and arbitrary burden upon students who want to pursue medical education abroad, the appellant filed two writ petitions as aforesaid.

5. Finding that the impugned Regulations were issued with a view to ensure minimum standards and that they are in no way ultra vires the Act or the Constitution, a Division Bench of the Madras High Court dismissed the writ petitions. Holding that the appellant has not even made an application for admission to any institution in a foreign country and that therefore the writ petitions were nothing but a misadventure, the High Court also imposed costs of Rs. 25,000/- upon the appellant. Therefore, the appellant has come up with these appeals.

6. As indicated at the beginning, what was challenged by the appellant before the High Court were some provisions of two different sets of Regulations. The 1st set of Regulations namely, the Licentiate Regulations were issued by the National Medical Commission in exercise of the powers conferred by Section 57 read with sub-section (4) of Section 15 of the National Medical Commission Act. The 2nd set of Regulations, namely the CRMI Regulations were issued by the Commission in exercise of the powers conferred by Section 57 read with sub-section (1) of Section 24 of the Act.

7. For the purpose of easy reference, the Regulations that were challenged by the appellant before the High Court of Madras are presented in two tabular columns as follows: -

NMC (FMGL) Regulations, 2021 (Licentiate Regulations)