The court emphasized the discretion of the Medical Council of India in granting eligibility certificates, considering individual circumstances and the completion of the medical course.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus or any other appropriate Writ, Order or direction in the nature of a Writ of Certiorarified Mandamus calling for the records relating to the impugned letter of the Respondent herein dated 06.04.2016 in No.MCI-201(EC14-10053)/2016-Eligi/101078, and quash the same and direct the respondent herein to forthwith issue the eligibility certificate to the petitioner to register herself with the Medical Council of India.)

This Writ Petition has been filed challenging the impugned letter issued by the respondent dated 06.04.2016 rejecting the request made by the petitioner to issue the eligibility Certificate under Section 13(4B) of the Indian Medical Council Act, 1956.

2. The case of the petitioner is that she completed her Higher Secondary examination during March 2012. The petitioner was not able to get a medical seat in the State of Tamil Nadu and therefore, she applied for the same in an University at Ukrine. She underwent the course and completed the same during June 2018.

3. The petitioner, in the meantime, applied for an Eligibility Certificate before the Medical Council of India on 07.10.2013 and the same was rejected by the Medical Council of India through the impugned letter dated 06.04.2016 on the ground that the age of the petitioner was below 17 years when she joined MBBS course at Ukrine in the year 2012. Aggrieved by the same, the present Writ Petition has been filed before this Court.

4. The learned counsel for the petitioner submitted that the petitioner had applied for the eligibility certificate in the year 2013 itself and the same was rejected in the year 2016, nearly after 3 years, and in the meantime, the petitioner had also joined the Specialty Course and it was completed in the year 2018. Therefore, the learned counsel submitted that the entire effort made by the petitioner to complete the medical course will go waste if the Medical Council of India does not give Eligibility Certificate to the petitioner. The learned counsel further submitted that a similar case arose before the Andhra Pradesh High Court, wherein the petitioner therein also faced a similar problem and the Andhra Pradesh High Court after considering the facts and circumstances of the case had directed the Medical Council of India to issue Eligibility Certificate. The learned counsel submitted that this judgment of the Andhra Pradesh High Court was subsequently confirmed by the Hon’ble Supreme Court by an order dated 11.11.2016. Therefore, the learned counsel sought for a similar relief in the present Writ Petition also.

5. Mr.V.P.Raman, learned counsel appearing on behalf of the Medical Council of India, submitted that completing 17 years at the time of joining the MBBS course is mandatory and the same cannot be relaxed under any circumstances. The learned counsel submitted that the fixation of the age as 17 years became a subject matter of challenge before this Court and the Division Bench of this Court in W.A.No.1270/10, by an order dated 28.06.2011, had upheld the fixation of the age limit. Therefore, the learned counsel submitted that the minimum age of 17 years cannot be relaxed under any circumstances.

6. The learned counsel further submitted that the judgment of the Andhra Pradesh High Court will not have a binding effect on this Court and even if this Court takes cue from the said judgment, certain observations that have been made in the said judgment should not be taken into consideration since it runs contrary to the judgment of the Division Bench of our High Court. The learned counsel further submitted that even if this court is inclined to grant the relief to the petitioner, the same should not be taken as a precedent in any case, more particularly, in a case where a student seeks for admission without even completing 17 years of age as per the regulations. The learned counsel therefore prays for the dismiss