ORDER :

1. The instant writ petition has been preferred under Article 226 of the Constitution of India with the following prayers:-

“A] By an appropriate writ order or direction, the respondent the National Medical Commission of India may be directed to immediately issue the Eligibility Certificate to the petitioner ignoring the age of petitioner at the time of his taking admission for MBBS course.

B] By an appropriate writ order or direction, the respondents may kindly be directed to allow the petitioner to participate in the FMGE screening test and thereafter declare the result of the FMGE Screening test, so as to enable him to pursue further study and practice as a Doctor in India.

C] Any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed in favour of the petitioner.”

2. Brief facts of the case are that the Date of Birth of the petitioner is 02.05.1999. He aspired to become a Doctor and thus, after passing his Secondary and Senior Secondary Examination in the year 2013 and 2015, took admission in ‘V.N. Karazin Kharkiv National University, Ukraine’ through an agent in the year 2015. The Board of Secondary Education, Rajasthan, declared the petitioner as passed in Secondary Examination when the petitioner was 14 years of age and had also declared the petitioner as passed in Senior Secondary, when he was 16 years of age.

3. The requirement of obtaining Eligibility Certificate was dispensed with by the Indian Medical Council (Amendment) First and Second Ordinance, 2013. The Executive of the Council decided to restart issuance of Eligibility Certificate w.e.f. the Academic Year i.e. 2016-2017 for which, a public notice dated 07.10.2013 was issued.

4. The 'V.N. KARAZIN KHARKIV NATIONAL UNIVERSITY, Ukraine' is among World Top 500 Universities, as on now ranking 477 as per QS World University Rankings 2021. It is a recognized University by National Medical Commission of India. The qualification acquired from the aforesaid university is considered as a recognized qualification and the student who pass the exam from the aforesaid university after passing the Foreign Medical Graduation Examination (hereinafter referred as 'FMGE") Screening Test, can pursue further studies and can be registered as a medical practitioner in India.

5. The aforesaid University, after duly scanning the documents as per their eligibility criteria for admission, admitted the petitioner in their University and allowed him to complete the medical course. The petitioner completed the six years course successfully from 'V.N. KARAZIN KHARKIV NATIONAL UNIVERSITY, Ukraine' which is equivalent to MBBS course in India. The Indian Embassy, after proper examination, perusal of the documents and the degree awarded by 'V.N. KARAZIN KHARKIV NATIONAL UNIVERSITY, Ukraine', awarded the petitioner with a degree equivalent to the qualification acquired by the petitioner from the aforementioned University.

6. As the petitioner after passing the higher education in "Academic Degree of Medical Doctor" from 'V.N. KARAZIN KHARKIV NATIONAL UNIVERSITY, Ukraine', was desirous to become a doctor in India and also aspires to take up further studies of post-graduation in India itself, therefore, he is required to participate in the examination conducted by the National Board of Examinations for the Foreign Medical Graduate Examination Screening Test. But the same is possible only when he would have eligibility certificate issued by the National Medical Commission. Earlier there was offline system for applying for the Eligibility Certificate but recently the online system has been introduced for applying for the Eligibility Certificate. When the petitioner applied online his form is not being accepted with the remark of incorrect age. More clearly to say that the same is not being accepted for the reason that petitioner was below 17 years of age at the time of his admission for MBBS course. The petitioner thereafter, a