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 Said Eligibility Certificate was withdrawn by the NMC by a communication dated 26 July 2021, on the basis of which the National Board of Examination in Medical Sciences (NBEMS) by a communication dated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 dated 26 July 2021 of the NMC and 23 August 2021 of the NBEMS. Consequently, the petitioner also seeks a direction to the NMC to write to the Delhi Medical Council (DMC) to issue a provisional certificate, registering the petitioner as a medical practitioner entitled to practice medicine in Delhi.

Facts

3. Before obtaining admission in any undergraduate medical course in a foreign medical institution, a student is required to apply and obtain an Eligibility Certificate from the NMC (earlier the MCI), in terms of the FMI Regulations. After he completes a course abroad and obtains a Primary Medical Qualification/MBBS, the student has, if he desires to practice medicine in India, to pass the FMGE, also known as the "Screening Test".

Petitioner's Class XII AISSCE results

4. The petitioner passed his Class XII examination from St. Dominic Savio's High School, Patna, which is affiliated to the Central Board of Secondary Education (CBSE). The marks and grades awarded to him by the CBSE in Class XII, as reflected on the All India Senior School Certification Examination (AISSCE) mark-sheet issued by the CBSE, were as under:

SUB CODESUBJECTPositional GradeTHPRTOTALTOTAL IN WORDS301English092 XXX092Ninety Two A1043 Chemistry023029 052Fifty TwoD2044Biology034 030064Sixty Four C2049 Painting025059 084Eighty Four B2065 Informatics Prac.040 029069Sixty Nine C2042 Physics011029 040FTFortyE500Work Experience B1502 Phy & Health EducaB2503 General StudiesB1

		MARKS OBTAINED

5. It was noted that the acronym "FT" referred to "Fail in Theory". However, the overall result of the petitioner, on the Certificate, was shown as "PASS". Further, on the notes/instructions contained on the reverse of the mark-sheet - which has not been filed by the petitioner, but was produced by Mr. Singhdev, learned Counsel for the Respondent 1 - it has been specifically noted that the grade `E' indicated that the candidate had failed that paper. For the purposes of grading, the general instructions relating to the "Scheme of Examination and Pass Criteria" provides, in Clause 38(v), thus:

"(v) For awarding the grades, the Board shall put all the passed students in a rank order and will award grades as follows:

A-1 Top 1/8th of the passed candidates

A-2 Next 1/8th of the passed candidates

B-1 Next 1/8th of the passed candidates

B-2 Next 1/8th of the passed candidates

C-1 Next 1/8th of the passed candidates

C-2 Next 1/8th of the passed candidates

D-1 Next 1/8th of the passed candidates

D-2 Next 1/8th of the passed candidates

E Failed candidates"

6. It is clear, therefore, that the petitioner had failed his Physics paper in Class XII.

Application form submitted by petitioner for grant of Eligibility Certificate

7. On 1 August 2012, the petitioner applied to the MCI for grant of Eligibility Certificate to enable

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