IMPORTANT POINT
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.

JUDGMENT

[1] Heard Shri N. Jotendro, learned Senior Advocate appearing for the petitioner and Shri B.R. Sharma, learned Advocate appearing for the respondents.

[2] The validity and correctness of the letter dated 30-01-2020 issued by the Assistant Secretary, Medical Council of India, New Delhi is under challenge in this writ petition.

[3.1] According to the petitioner, his son, Shri L. Binin Singh passed his Matriculation Examination in the year 2012 at the age of 14 years and 10 months and thereafter, he completed his 12th Standard on 28-05-2014 at the age of 16 years and 10 months and hardly about two months were in short of completing the age of 17 years when he completed the 12th Standard. As his son desired to prosecute his further studies in medical course, he applied for it and got admission as per the letter dated 24-04- 2014 issued by the Orel State University Medical Institute, Ministry of Education of Russian Federation.

[3.2] After his son having obtained admission, the petitioner applied for grant of eligibility certificate under Section 13(4B) of the Indian Medical Council Act, 1956 (hereinafter referred to as “the Act, 1956”) vide his application dated 24-09-2019 and pursuant thereto and on receipt thereof, the Assistant Secretary, Medical Council of India issued a show cause letter dated 11-10-2019 to his son that his age was below 17 years at the time of his admission to the MBBS course in the year 2014 and accordingly, he was directed to submit a show cause statement within 15 days there from failing which it would be presumed that the petitioner had nothing to say in the matter. A reply dated 19-10-2019 was submitted by the petitioner explaining as to how his son passed the 10th and 12th Standards and got admission in medical course vide letter dated 24-04-2014. Despite the said reply being received by the Medical Council of India, it was not disposed of in time because of which the petitioner was compelled to approach this Court by way of a writ petition being WP(C) No.991 of 2019 which was disposed of on 15-12-2019 directing that the representation/ application submitted by the petitioner should be disposed of within a period of one month from the date of receipt of a copy of the order by issuing a speaking order. A copy of the said order passed by this Court was sent to the Assistant Secretary, Board of Governors, in supersession of the Medical Council of India, on 27-12- 2019. Due to non-consideration of the same, a contempt petition being Contempt Case No. 24 of 2020 was filed and while it was pending, a letter dated 30-01-2020, impugned herein, was addressed to the son of the petitioner thereby rejecting the claim of the petitioner.

[3.3] Being aggrieved by the said letter dated 30-01-2020, the instant writ petition has been filed by the petitioner on the inter-alia grounds that as his son was to complete his MBBS course in the month of June, 2020, the Medical Council of India was required to consider sympathetically and relax the rules for granting eligibility certificate, otherwise the career of his son would get spoiled and that if the letter dated 30-01-2020 issued by the Assistant Secretary, Medical Council of India is not quashed and set aside, the entire career of his son would get spoiled. In addition thereto, the petitioner in his rejoinder has taken one more ground that the petitioner’s son may be considered for grant of eligibility certificate in his favour in terms of the decision rendered by the Madras High Court in a similar case.

[4] The stand of the respondents as indicated in the affidavit filed on behalf of the Board of Governors in supersession of the Medical Council of India (hereafter referred to as “the MCI”) is that the MCI is a statutory authority created by an Act of the Parliament namely the Act, 1956 as amended from time to time, giving the responsibility of maintaining the standard of medical education. It has also been stated in the affidavit that the duties and responsibilities