Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Mad) 1577

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
Lokanand Teeka Raman and Others – Petitioners
Versus
Union of India, Rep. by its Secretary, Health & Family Welfare Department – Respondent
W.P. Nos. 13595, 15008, 15820 of 2020, W.M.P. Nos. 16871, 16872, 18684, 18686, 19016, 19664 of 2020
Decided On : 11-11-2020

Advocates:
Advocate Appeared:
For the Petitioner: S. Abubacker Sidhic.
For the Respondents: N.K. Nithila Vani, Srinivasa Murthy, V.P. Ramam.

Courts do not interfere with expert findings in technical and scientific matters.

Headnote:
Mandamus - Evaluation of FMGE Examination Question Papers - Medical Council of India Act, 1956, Section 13(4A), Screening Test Regulations, 2002 - The court dismissed the writ petitions seeking a mandamus to appoint an independent expert committee to evaluate the question papers of the Foreign Medical Graduates Examination (FMGE) conducted on 31.08.2020 and to allot grace marks to the petitioners. The examination consists of two parts, each with 150 questions, and the passing mark is 150 out of 300. The petitioners failed to secure the passing mark and became ineligible to practice medicine in India. The respondents argued that the questions were within the prescribed syllabus and at the MBBS level, and an expert committee of 20 specialists reviewed the questions post-examination and found no technical errors. The court held that it does not interfere with expert findings in technical and scientific matters and dismissed the petitions.
Fact of the Case:

The petitioners sought a mandamus to appoint an independent expert committee to evaluate the question papers of the FMGE examination conducted on 31.08.2020 and to allot grace marks to them. They failed to secure the passing mark and became ineligible to practice medicine in India.
Finding of the Court:

The court dismissed the writ petitions, stating that it does not interfere with expert findings in technical and scientific matters.
Issues: The main issue was whether the court should constitute an independent expert committee to evaluate the question papers of the FMGE examination conducted on 31.08.2020.
Ratio Decidendi: The court held that it does not ordinarily interfere with the findings of expert bodies in technical and scientific matters. An expert committee of 20 specialists reviewed the questions post-examination and found no technical errors. The court concluded that it cannot appoint another committee to review the question papers and that the petitioners must prepare for the next examination.
Final Decision: The court dismissed all the writ petitions and closed the connected miscellaneous petitions without costs.

JUDGMENT :

N. ANAND VENKATESH, J.

Prayer: Writ petitions filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to constitute/appoint an independent Expert committee to evaluate the question papers of the both Part I and Part II papers of the said Foreign Medical Graduates Examination conducted on 31.08.2020 for finding out those erroneous questions which are above the Standard of final year MBBS Examination level and to allot appropriate Grace marks to the Petitioners.

1. The issue involved in all these writ petitions are common and therefore, they are taken up together and disposed of through this common order.

2. The relief sought for in all the writ petitions is for the issue of writ of mandamus directing the respondents to constitute an independent expert committee to evaluate the question papers of both Part I and part II papers of the Foreign Medical Graduates Examination (FMGE) conducted on 31.08.2020 and to allot grace marks to the petitioners.

3. The 17 petitioners who have approached this Court have obtained medical degrees from various Foreign Medical Universities. The particulars of the degree obtained by the petitioners is captured in the following Tabular column:-

S. No.	Name	University of study	Year of passing	Awarded Degree
1.	Dr. Anand Suriya R.S.	Southern Medical University, Guangzhou, China	2020	M.B.B.S.
2.	Dr. Priyanka K.	Medical College of Soochow University, China	2020	M.B.B.S.
3.	Dr. Princy Deva Kirubai P.	National Piragov Memorial Medical University, Vinnytysa, Ukraine.	2017	M.D. (Physician)
4.	Dr. Rohini K.	Xuzhou Medical University, Jiangsu, China	2019	M.B.B.S.
5.	Dr. D. Vendamani	Lugansk State Medical University, Pubizhne, Ukraine	2019	M.D. (General Medicine)
6.	Dr. Mohd Mohideen	Starvopol State	2018	M.D.
6.	Abdul Khader	Medical University, Starvopol, Russian Federation		(General Medicine)
7.	Dr. Shalini Ramachandran	Shihezi Medical University, Shihezi, China	2018	M.B.B.S.
8.	Dr. Sriram Kanamkottil Shaji	Tbilisi State Medical University, Georgia	2017	M.D. (Medical Doctor)
9.	Dr. Thaslima Nasrin	Yerevan Haybusak Medical University, Yerevan, Armenia	2019	M.D. (Physician)
10.	Dr. Nabeesh	Volgograd State Medical University, Volgograd, Russia	2016	M.D. (Physician)
11.	Dr. Pavithra T.	Guangxi Medical University, Nanning, China	2020	M.B.B.S.
12.	Dr. A. Sebasti Prabha	Ovidius Constanta, Constanta, Romania	2013	M.D. (General Medicine)
13.	Dr. Manoj Sharma Sakthivel	Tianjin medical University, Tianjin, China	2019	M.B.B.S.
14.	Dr. Lokanand Teeka Raman	Shihezi Medical University, Shihezi, China	2019	M.B.B.S.
15.	Dr. Tameejul hassan	Starvopol State Medical Univeristy, Starvopol, Russian Federation	2019	Doctor (General Medicine)
16.	Dr. Sarohini Govintharjan	Tianjin Medical university, Tianjin, Chinna	2019	M.B.B.S.
17.	Dr. Periannan	Kursk State Medical University, Russian Federation	2020	Physician (General Medicine)

4. The petitioners will have to qualify a screening test to register themselves with the State Medical Council in order to practice medicine in India. This mandatory requirement is provided under Section 13(4A) of the Medical Council of India Act, 1956. The National medical Commission (formerly called as the Medical Council of India) has issued guidelines as required under section 13(4A) of the Act, which resulted in the Screening Test Regulations, 2002. The National Board of Examinations was appointed as the prescribed Authority for conducting the screening tests. This Authority, conducts the test and publishes the result and thereafte

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2020 Supreme(Mad) 1577

Courts do not interfere with expert findings in technical and scientific matters.

Cases Referred (3)