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NUPUR BHATI
Naresh Beniwal, S/o. Bhagirath Beniwal – Appellant
Versus
National Medical Commission Of India, Through Its Secretary – Respondent
ORDER :
1. The instant writ petition has been preferred under Article 226 of the Constitution of India with the following prayers:-
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 Educ
Minimum age requirement of 17 years for medical course eligibility is mandatory and rooted in statutory regulations, reflecting expert policy rather than judicial discretion.
The court has the discretion to grant relief based on the peculiar facts and circumstances of a case, even if it involves deviation from statutory regulations.
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 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 ....
The court upheld the minimum age requirement of 17 years for medical entrance exams as reasonable and not arbitrary, emphasizing the expertise of regulatory bodies in setting educational standards.
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