Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Aayushi Dineshbhai Prajapati – Appellant
Versus
Union of India & Ors. – Respondents
LPA 422 of 2023
Decided On : 03-07-2023
Eligibility Certificate - Medical Education - Medical Council of India Regulations on Graduate Medical Education, 1997 - Regulation 4(2) - The court discussed the eligibility criteria for obtaining an Eligibility Certificate to appear in the Foreign Medical Graduates Examination (FMGE) and emphasized the requirement of studying Biology for a continuous period of two years at the 11th and 12th standard level. The court also highlighted the judgments in Tanishq Gangwar & Ors. v. Union of India & Anshul Aggarwal vs Union Of India & Ors. which were considered in the case.
Fact of the Case:
The Appellant, who completed her MBBS course in Ukraine, sought an Eligibility Certificate from the Medical Council of India (MCI) to take the Foreign Medical Graduates Examination (FMGE). The Ministry rejected her request based on the Appellant's educational qualifications from the National Institute of Open Schooling (NIOS). The learned Single Judge dismissed the writ petition filed by the Appellant, leading to the instant LPA.
Finding of the Court:
The court found that the Appellant did not fulfill the eligibility criteria for obtaining an Eligibility Certificate as per the Medical Council of India Regulations on Graduate Medical Education, 1997. The court held that the Appellant's enrollment in NIOS and subsequent clearance of the 12th standard examination did not satisfy the requirement of studying Biology for a continuous period of two years at the 11th and 12th standard level.
Issues: The primary issue was whether the Appellant met the eligibility criteria for obtaining an Eligibility Certificate to take the FMGE, specifically regarding the continuous study of Biology for two years at the 11th and 12th standard level.
Ratio Decidendi: The court's decision was based on the interpretation of Regulation 4(2) of the Medical Council of India Regulations on Graduate Medical Education, 1997, which emphasized the necessity of studying Biology for a continuous period of two years at the 11th and 12th standard level for obtaining an Eligibility Certificate.
Final Decision: The LPA was dismissed, affirming the decision of the learned Single Judge to reject the writ petition filed by the Appellant.
JUDGMENT
CM APPLs. 24012-13/2023 (Exemption)
Allowed, subject to all just exceptions.
LPA 422/2023 & CM APPLs. 24010-11/2023
1. Aggrieved by the Judgment dated 02.02.2023 passed by the learned Single Judge in W.P.(C) 13982/2022 dismissing the writ petition, the Appellant has filed the instant LPA.
2. Shorn of unnecessary details, facts leading to the filing of the instant LPA reads as under:
a) The Appellant took the Higher Secondary Certificate Examination (12th Examination) from the Gujarat Secondary & High Secondary Examination Board, Gandhinagar with Physics, Chemistry and Mathematics as her primary subjects and cleared the same with 54.44% marks in March, 2013.
b) After about an year i.e., in April 2014, the Appellant enrolled herself in the National Institute of Open Schooling (hereinafter referred to as `NIOS') with Physics, Chemistry and Biology as her subjects and cleared her 12th standard examination. Though, the Appellant enrolled in NIOS in the month of April, 2014, she obtained passing certificate in the month of November, 2014 i.e., after a period of 7 months.
c) In the year 2015, the Appellant applied for studying MBBS/MD physician course in Ukraine for the session 2015-16. The Appellant completed her MBBS course in the year 2021.
d) In order to practise in India, the Appellant was required to appear in a Foreign Medical Graduates Examination (FMGE) in the year 2021 and for which purpose, the Appellant had to obtain an Eligibility Certificate from Medical Council of India (MCI) as per the Eligibility Certificate Regulations, 2002. The Appellant started corresponding with the Ministry of Health and Family Welfare for getting the eligibility certificate.
e) The Ministry rejected the request of the Appellant for issuance of eligibility certificate vide letter dated 29.08.2022. Even though, the said letter dated 29.08.2022 has been quoted by the learned Single Judge in the Impugned Judgment, the same is reproduced herein below for reference:
"I am directed to refer to your letter dated 28.07.2022 seeking help in getting Eligibility Certificate issues and to inform you that the matter has been examined in the Ministry and it has been observed as under:
(a) A candidate should have taken Eligibility Certificate from Erstwhile MCI.
(b) At the time when you took admission, candidates passing from Open school were not eligible for getting admission in MBBS.
(c) Hon'ble High courts in judgment dated 11.05.2018 declared passing 12th class from NIOS at par with 12th Class (regular), However, it is still for consideration whether the judgment can be considered in retrospective effect.
(d) Finally, as per eligibility, a candidate has secure 50% marks which is pre requisite for pursuing MBBS courses by General Candidate & you have not presented OBC category or any other reserved category certificate.
Yours faithfully
(Sunil Kumar Gupta)
Under Secretary to Government of India"
f) The Appellant, thereafter, approached this Court by filing a writ petition bearing W.P.(C) 13982/2022 praying for quashing of the communication dated 29.08.2022 issued by the Ministry/Respondent No.1 therein and also prayed for a direction to be issued to the Respondents for issuance of Eligibility Certificate to enable her to take the Foreign Medical Graduates Examination (FMGE).
g) The learned Single Judge by the Impugned Judgment herein rejected the writ petition preferred by the Appellant herein holding that the regulations have been framed by MCI/NMC with regard to grant of Eligibility Certificate, which is an Expert Body and as per the regulations, the Appellant herein does not fulfil the criteria to obtain the Eligibility Certificate. The learned Single Judge held that the Expert Body has laid down the criteria to decide as to which of the students would be eligible to take the examination and the Courts should not sit over the decision taken by an Expert Body.
h) The Appellant, thereafter, approached this Court by filing the instant LPA challenging the impugned
AI
The central legal point established in the judgment is the interpretation and application of the eligibility criteria for obtaining an Eligibility Certificate to take the Foreign Medical Graduates Ex....
The main legal point established in the judgment is that the requirement of studying 'Biology' for two years at the Senior Secondary Level is mandatory for eligibility for MBBS admission, based on th....
Admission to MBBS Course – There is a rationale and compelling logic on part of University to say that candidate should have studied biology or biological sciences (apart from other two science subje....
The court established that obtaining an eligibility certificate before enrolling in a foreign medical institution is a statutory requirement that cannot be remedied post-facto.
The central legal point established in the judgment is the emphasis on the requirement of studying Biology or Biological Sciences at the 10+2 level, along with Physics, Chemistry, and English, for el....
Misstatements and suppression in the application form rendered the petitioner ineligible for the Eligibility Certificate and subsequently, for the FMGE.
Eligibility for medical admission no longer mandates Biology in Class 11th if completed in Class 12th as an additional subject, altering previous regulatory requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
