The main legal point established in the judgment is the interpretation of the eligibility criteria for admission to a Foreign Medical Institute under the Indian Medical Council Act 1956, emphasizing the fulfillment of the requirements by the petitioner.

1. In this petition, the petitioner has, inter-alia prayed for a writ of Certiorari for quashing the Communication No. MCI-201 (EC13-10340) 2015-Ecgi/57506 dated 28.12.2015 and Communication No. MCI-201 (EC13-10340) 2015-Eligi/207515 dated 06.05.2016 issued by the Medical Council of India (for short “MCI”) by virtue of which the application submitted by the petitioner for issuance of eligibility certificate for getting admission to Graduate Medical Course in the Foreign Medical Institute in terms of Section 12 and 13(4B) of Indian Medical Council Act 1956 (for short “Act of 1956”), has been rejected.

2. Facts giving rise to the filing of this writ petition briefly stated are that:-

(i) the petitioner qualified Secondary School (Matriculation Examination) with distinction from Jammu and Kashmir State Board of School Education (for short BOSE) on 20th December, 2009. She also qualified Higher Secondary Part-I i.e. 11th class examination also with distinction in the subjects of General English, Physics, Chemistry, Mathematics and Information Technology in the year 2010.

(ii) with the permission of BOSE granted vide No. ‘F’ (Reg-Sub/Change) B/KD/2010-11 dated 01.013.2011, the petitioner was permitted to change the subject of “Information Technology” to “Biology” in the 12th Class subject to the condition that she would pass the corresponding subjects (Changed Subject) in Higher Secondary Part-I i.e. 11th T1 and T2 at the time the examination is conducted simultaneously in the same Session.

(iii) the petitioner qualified the examination of changed subject i.e. Biology for Class 11th in the Annual Examination 2011. Simultaneously, the petitioner also qualified Higher Secondary Part-II i.e. 12th Class Examination with the subject of General English, Physics, Chemistry and Biology conducted by the BOSE. This was also Annual Examination of 2011.

(iv) on the basis of 10+2 qualification, the petitioner succeeded in getting admission in Kumudini Women’s Medical College, Mirzapur Tangail Bangladesh provisionally. The Admission letter bearing No. Ref. KWMC/1939/12 dated 01.12.2012 issued in this behalf substantiates the aforesaid fact.

(v) with a view to get admission to Graduate Medical Course in the Foreign Medical Institute, the petitioner applied to the respondent no. 4 for issuance of eligibility certificate in terms of Section 12 and 13 (4B) of the Act of 1956.

(vi) the petitioner instead of getting the requisite eligibility certificate, received a letter from the respondent no. 3 dated 28th December, 2015 impugned in this petition, by virtue of which her application for grant of eligibility certificate had been rejected on the ground that she had not studied Biology subject in the 11th Class along with other subjects, but had passed the same as additional subject while appearing in 12th Class examination.

(vii) the petitioner represented to the MCI and sought reconsideration of the application. The respondent no. 4 considered the representation of the petitioner and vide Letter dated 06.05.2016 impugned in this petition reiterating its earlier decision.

3. The petitioner is aggrieved of the aforesaid communication of the respondent no. 4 and has assailed the same, inter-alia on the ground that she has qualified the requisite subjects including the subject of Biology both in 11th Class and 12th Class and, therefore, was eligible in terms of MCI Regulations to obtain eligibility certificate for seeking admission in Foreign Medical Institute.

4. The rejection of her representation is totally arbitrary and the reason given is both legally and factually incorrect. The regulations made in terms of MCI prescribe that a candidate shall have two years study comprising of Physics, Chemistry, Biology and Mathematics and any other elective subjects with English and nothing more. The petitioner has passed both the examinations i.e. 11th and 12th with the requisite subjects including subject of Biology and, therefore, could not be declared ineligi