Eligibility for screening tests under Indian medical qualifications requires minimum qualifying marks as per statutory provisions, which the petitioner did not meet, justifying the denial of the eligibility certificate.

JUDGMENT

V. Kameswar Rao, J. The present petition has been filed with the following prayers:

"It is, therefore, most humbly prayed that this Hon'ble Court may kindly be pleased to issue an appropriate Writ/Directions/Orders in the nature of Certiorari/Mandamus or any other appropriate remedies and thereby:

I. Quash the decision as contained in Email dated 07.06.2021 (Annexure-P10) of Respondent no 2 ie National Medical Commission and thereby direct the Respondent No.2 to grant permission to the Petitioner to appear in the Screening Test conducted by the Respondent No.3.

II. Pass any such other order(s) and/or direction(s) that this Hon'ble Court may deem fit in the interest of justice."

2. The challenge in this petition is to an email dated June 07, 2021 of the respondent No.2, namely the National Medical Commission (`NMC', for short), the successor body of the erstwhile Medical Council of India (`MCI', for short). Vide the said email, the respondent No.2 has rejected the application of the petitioner dated February 22, 2021 seeking permission to appear in the Screening Test conducted by the respondent No.3, National Board of Examinations in Medical Sciences. The primary reason for the rejection was that the petitioner had obtained only 47.83% marks in Physics, Chemistry and Biology taken together in the 10+2 examination and as such could not have been granted the Eligibility Certificate for the Screening Test, in view of the provisions of the Indian Medical Council Act, 1956 (hereinafter referred to as "IMC Act, 1956") read with the statutory regulations made there under.

3. It is the case of the petitioner that he has cleared the Intermediate Examination (Science Faculty) from Bihar School Examination Board and secured over 50% aggregate marks in Physics, Chemistry, Biology and English. In the same year of passing his Intermediate Examination, the petitioner opted to pursue an MBBS course from B.P. Koirala Institute of Health Sciences, Dharan, Nepal. The petitioner, being successful in the selection process was able to secure a seat in MBBS course in the said institution. It is the case of the petitioner that the said institution finds its place in Section 12 read with second Schedule of the IMC Act, 1956. Reference is made to the regulations framed by the erstwhile MCI, called Regulations on Graduate Medical Education, 1997 which prescribes 50% marks in Physics, Chemistry and Biology in aggregate for pursuing an MBBS course in India.

4. In 2001, Section 13 of the IMC Act, 1956 was amended, whereby sub-sections 4A, 4B and 4C were inserted, which talk about requirement of clearing a Screening Test and obtaining an Eligibility Certificate for students who have obtained medical qualification from outside India, to enroll with the IMC or any State Medical Councils. Reference is also made to Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002, (`Eligibility Regulations', for short) as notified on February 13, 2002, which stipulates that an Indian citizen who passes the qualifying examination either from India or any equivalent examination from abroad and is desirous of joining an undergraduate medical course in any foreign medical institution on or after March 15, 2002 shall approach the Council for issuance of Eligibility Certificate for that purpose. On the same day, the erstwhile MCI notified the Screening Test Regulations, 2002, (`Screening Test Regulations', hereinafter) which stipulates that an Indian