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2024 Supreme(Del) 315

C. HARI SHANKAR
Nitin Thomas – Appellant
Versus
National Medical Commission – Respondent


Advocates appeared:
Mr. Viraj Shankar Kadam, Advocate, for the Petitioner.
Mr. T. Singhdev, Mr. Abhijit Chakraqvarty, Ms. Ramanpreet Kaur, Mr. Bhanu Gulati, Ms. Anum Hussain, Mr. Aabhaas Sukhramani and Mr. Tanishq Srivastava, Advocates, for the Respondent-1.
Mr. Kirtiman Singh, Mr. Waize Ali Noor, Mr. Varun Rajawat, Mr. Kartik Baijal, Mr. Varun Pratap Sigh, Ms. Shreya V. Mehra and Ms. Vidhi Jain, Advocates, for the Respondent-2.

JUDGMENT

The issue

1. In terms of the Eligibility Requirement for taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002 ("the FMI Regulations", hereinafter), framed under section 12 and 13(4B) of the Indian Medical Council Act, 1956 ("the IMC Act"), the petitioner was issued an Eligibility Certificate dated 19 February 2014, by the Medical Council of India (MCI) - now the National Medical Commission (NMC) - certifying him as eligible for admission in a foreign medical institution for pursuing his graduate medical course leading to award of a Primary Medical Qualification, equivalent to MBBS in India. Said Eligibility Certificate was withdrawn by the NMC by a communication dated 26 July 2021, on the basis of which the National Board of Examination in Medical Sciences (NBEMS) by a communication dated 23 August 2021, cancelled the candidature of the petitioner to participate in the Foreign Medical Graduate Examination (FMGE) held in June 2020 and revoked the FMGE passed certificate dated 18 November 2020 issued to the petitioner.

2. Aggrieved thereby, the petitioner seeks, by means of the present writ petition, quashing of the letters date








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