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DELHI HIGH COURT
V.KAMESWAR RAO
Apurv Shankar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. court jurisdiction in issuing writs. (Para 1 , 2) |
| 2. eligibility criteria for foreign medical institutions. (Para 3 , 4 , 5) |
| 3. arguments for and against eligibility certificate issuance. (Para 6 , 7) |
| 4. interpretation of imc act and pressing need for screening tests. (Para 8 , 9 , 10 , 11 , 12) |
| 5. eligibility requirements and implications on screening tests. (Para 13) |
| 6. final ruling and dismissal of the petition. (Para 14 , 15) |
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
The judgment established that candidates seeking admission to an MBBS course in India must meet the eligibility criteria, including obtaining a specified percentage of marks in relevant subjects, as ....
A person who obtains medical qualification granted by medical institutions outside India recognised for enrolment as medical practitioner in that country and who clears Screening Test in terms of Sec....
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.
Misstatements and suppression in the application form rendered the petitioner ineligible for the Eligibility Certificate and subsequently, for the FMGE.
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....
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