JUDGMENT :

1. The petitioners, aggrieved of inaction on the part of the respondents in not enrolling and registering them as Medical Practitioners/Doctors, filed the above titled Writ Petitions, seeking inter-alia writs of mandamus directing the respondents to declare the result of the petitioners of the FMGE Screening Test and writs of mandamus directing respondent-Medical Council of India to issue Eligibility Certificate and enroll the petitioners as Medical Practitioners/Doctors and grant registration as Medical Practitioners/Doctors as same shall be in the interest of justice.

2. During the course of pendency of the above titled petitions, this Court directed the respondents to produce the result of the Screening Test of the petitioners. In compliance thereto the result was produced in a sealed cover, which on opening was found that both the petitioners have made the grade. With this, the grievance of the petitioners that the respondents are not declaring their result of the Screening Test, is redressed. Now, the only relief of the petitioners required to be addressed is seeking directions, to issue Eligibility Certificates in favour of the petitioners and to enroll and register them as Medical Practitioners/Doctors and grant registration as Medical Practitioner/Doctor.

3. Petitioners after passing of 12th Class Examination in order to proceed to Kazakhstan for further studies in the year 2002, applied for Immigration seal on Passports for undergoing MBBS Course in Kazakhstan. The concerned department was allowing the students to go for MBBS Course to outside countries up to March 2003, but after March 2003 the Immigration Department stopped to give clearance to such students when they were asked to do so by the Medical Council of India in terms of a notification issued in March 2002, vide which a candidate was required to obtain Eligibility Certificate from MCI for admission to MBBS course outside country and after returning therefrom, such candidate was to appear and qualify in a Screening Test for getting registered as a Medical Practitioner in India.

4. The Petitioners after getting permission from Immigration Department for undergoing MBBS Course in Kazakhstan applied in the Kazakh National Medical University for grant of admission in MBBS in September 2002. The said University which is recognized by Medical Council of India had not received any information from the Government of India for imposing restrictions on admissions in MBBS Course so far as Indian citizens were concerned. The said University admitted the petitioners after conducting the examination and under the Rules of the said University the petitioners were required to pass Preparatory Course which they did and passed the same successfully. It is submitted that the candidates in Kazakhstan are being allowed to get admitted in MBBS after passing 10th Class Examination only and they are required to pass such Preparatory Course before seeking admission in MBBS course. Therefore, the said course is practically equal to the 12th Class Examination of Indian Education System. After passing the said course the petitioners were admitted to MBBS Course in the said University. The petitioners completed the said course in the year 2009 by doing specialization in General Medicine. It is further submitted and clarified that petitioners were admitted in Preparatory course in 2002 and were admitted to MBBS 1st year in 2003 and completed the same in 2009. The petitioners successfully passed all the examinations in first attempt without giving any supplementary examination, which is evident from the certificates, enclosed with the petitions.

5. The Certificates of admission show that the petitioners were admitted to preparatory course on 26.09.2002, which is being undergone in continuation for doing MBBS Course. Therefore, the Immigration Department gave clearance to the petitioners before September 2002, and they had before that qualified 12th Class examination with 49.33% and