The completion of internship as a basic qualification for acquiring the MBBS degree is governed by the provisions of the Indian Medical Council Act 1956 and its regulations.

S. RAVINDRA BHAT, J.

( 1 ) ISSUE notice. Mr. Rakesh Gosain, learned counsel accepts notice on behalf of respondent No. 2 and states that the petition can be disposed off finally.

( 2 ) THE petitioners in this case completed their MBBS course from medical institutions in Maharashtra. Apparently, examinations in Universities in maharashtra were conducted in June 2006. Consequently, there was some delay in the declaration of results and also in issuance of certificates. The petitioners claim that certificates were issued on 30th August, 2006. The internship commenced in most cases during first and second week of September 2006. The grievance here is that the National Board of Examinations, of the diplomate of National Board (DNB) has fixed a schedule for the Common Entrance test (CET) for admission to the three years DNB programme scheduled to begin in January 2008. The test is to commence on 9th December, 2007.

( 3 ) THE petitioners contended that the condition imposed in this case i. e. that candidates should have completed one year internship as on 31st August, 2007 has acted oppressively and would exclude their candidature. That condition reads as follows:

"4. 1 Eligibility a. Indian Degrees; Candidates who possess medical degrees from indian Universities recognized as per provisions of India Medical Council Act 1956 and possess provisional or permanent registration certificate issued by medical Council of India/state Medical Council and have completed one year of internship on or before the last date of submission of the application form i. e. 31st August, 2007. "

( 4 ) LEARNED counsel for the petitioner pointed in addition to Rule 2. 2 (contained in the Bulletin under the heading "information for candidates" ). That stipulation reads as follows:

"2. 2 A candidate holding medical qualification registered as per provisions of the Indian Medical Council Act 1956 as amended from time to time and such other qualification as may be registered by the Medical Council of India/state Medical council from time to time, is eligible to take the Board's CET. "

( 5 ) COUNSEL contended that Universities in Maharashtra generally conduct their examination in June and declare the results thereafter. In such circumstances, the stipulation of the candidate having to complete internship on or before 31st August, 2007 would exclude the petitioners and all such students from Maharashtra. It was submitted that such students would stand to loose about a year and would be eligible only in 2008. Learned counsel contended that a fair reading of clause 4. 1 (a) shows that what is stipulated is that the candidate should possess a provisional registration certificate issued by the medical Council. This intent is also apparent from clause 2. 2 which further reinforces the submission that the candidate should hold a medical qualification in terms of Indian Medical Council Act, 1956 as amended. In these circumstances, the NBE ought not to have fixed cut off date as 31st August, 2007 but in stead it should be directed to allow the petitioners to appear in the CET provided they complete the internship on or before the date i. e. 9th December, 2007.

( 6 ) THE petition was opposed by counsel for the respondent No. 2 who relied on Sections 25 and 33 and the concerned regulations. According to him, the qualification would be said to be acquired only if the candidate completed his internship. It was submitted that having regard to the examinations and results of all the Universities in India (where, by and large, the examinations are held in April and results are declared by June), the cut off date 31st August was put in place. Learned counsel contended that for 2006 there was dislocation of this practice because of a litigation in the Supreme Court. However, that situation does not subsist today. Counsel also relied upon the judgment of the supreme Court reported as Ajay Kumar Agrawal and Ors. vs. State of U. P. and ors. , (1991) 1 SCC 636 and submitted that onl

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