APURV SHANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed with the following prayers:

(2.) The challenge in this petition is to an email dated June 07, 2021 of the respondent No.2, namely the National Medical Commission ('NMC', for short), the successor body of the erstwhile Medical Council of India ('MCI', for short). Vide the said email, the respondent No.2 has rejected the application of the petitioner dated February 22, 2021 seeking permission to appear in the Screening Test conducted by the respondent No.3, National Board of Examinations in Medical Sciences. The primary reason for the rejection was that the petitioner had obtained only 47.83% marks in Physics, Chemistry and Biology taken together in the 10+2 examination and as such could not have been granted the Eligibility Certificate for the Screening Test, in view of the provisions of the Indian Medical Council Act, 1956 (hereinafter referred to as "IMC Act, 1956") read with the statutory regulations made there under.

(3.) It is the case of the petitioner that he has cleared the Intermediate Examination (Science Faculty) from Bihar School Examination Board and secured over 50% aggregate marks in Physics, Chemistry, Biology and English. In the same year of passing his Intermediate Examination, the petitioner opted to pursue an MBBS course from B.P. Koirala Institute of Health Sciences, Dharan, Nepal. The petitioner, being successful in the selection process was able to secure a seat in MBBS course in the said institution. It is the case of the petitioner that the said institution finds its place in Sec. 12 read with second Schedule of the IMC Act, 1956. Reference is made to the regulations framed by the erstwhile MCI, called Regulations on Graduate Medical Education, 1997 which prescribes 50% marks in Physics, Chemistry and Biology in aggregate for pursuing an MBBS course in India.