BRIJESH RANJAN Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) . Rule. By consent of Parties the Petition is taken up for final hearing.

(2.) . The Petitioner's case is that he had cleared his Intermediate examination with an aggregate of 49% in Physics, Chemistry, Biology and English. He, therefore, did not have the minimum 50% specified by the Medical Council of India (MCI). Disentitled or ineligible as he was to get admission in any Medical College in India, he enrolled with St. Petersburg State Pediatric Medical Academy and pursued studies there for four years between 1992-96. Thereafter, he continued his medical studies for two years (1996-98) in St. Petersburg State Medical College which is recognised both by the Government of Russia as well as by the Medical Council of India. He was awarded the medical Degree from the State College. He returned to India and applied for provisional registration in August, 1998, which was declined by MCI's letter dated 21.12.1998 on the grounds that he had obtained less than 50% marks. After the decision of the Hon'ble Supreme Court in Medical Council of India Versus Indian Doctors from Russia Welfare Associations and Others, (2002) 3 Supreme Court Cases 696, the MCI addressed another letter to the Petitioner on the subject of the issuance of a provisional/permanent registration certificate to him. It is this decision which is under challenge.

(3.) . The relevant paragraph of the Indian Doctors from Russia Welfare Association case (supra) reads thus: