SANJIV KHANNA, J.

( 1 ) THIS common judgment will dispose of Writ Petition (Civil)Nos. 12792-97/2006 titled Ishaan Kaul and others v. Medical Council of India and another and LPA Nos. 1622-29/2006 titled abhishek Kr. Dwivedi and others versus medical Council of India and another.

( 2 ) THE common issue involved pertains to interpretation of Indian Medical Council Act, 1956 (hereinafter referred to as Act, for short)and in particular Sections 13 (4a) and (4b ). The issue also pertains to the scope and power of the Medical Council of India (hereinafter referred to as MCI, for short) in issuing eligibility certificate to a student who wants to study medicine outside India.

( 3 ) TO control and regulate medical education and practice in modern scientific system of medicine, Parliament has enacted the act. No person can practice as a Doctor in modern scientific system of medicine without being registered with MCI. Registration is granted by MCI to any person, who has studied and obtained degree in medicine from a recognized medical institution in India which grants degrees/diplomas and licenses in medicine. Sections 10a, 10b, 1oc and 11 of the Act deal with permission to establi