YASWANT SINGH Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The Petitioner has alleged that he qualified in the Intermediate/10+2 examination of the C.B.S.E. in 1992, but he had not secured over 50 per cent marks. He was thus ineligible to seek admission to a Medical College in India. He successfully completed the full-time 6 years course of Medical Science and was awarded Degree/Diploma in General Medicine from Kuben State Medical Academy (Russian Federation) in 1999. On 20.7.2001 he applied to the Medical Council of India (MCI) for provisional registration to pursue his Internship in India. This Application was rejected for the reason that the Petitioner had not secured 50 per cent marks in English, Physics, Chemistry and Biology in the CBSE. He thereupon filed CWP No. 6642/2001 which was disposed of in terms of the Judgment of the Hon'ble Supreme Court in Civil Appeal No. 2779/2002 entitled MCI v. Indian Doctors from Russia Welfare Association and Others, II (2002) SLT 466=(2002) 3 SCC 696. The following guidelines were passed in that case:

(2.) The Petitioner has stated that he was issued Provisional Registration Certificate under Section25(2) of the Indian Medical Council Act, 1956 in May, 2003. In July, 2003 he applied for permanent registration with the MCI but this has not been granted.

(3.) In response it has been contended on behalf of the MCI that the Petitioner has not qualified in the Screening Test and, therefore, regardless of whether he has completed his Internship, he cannot be granted permanent registration by the MCI. In consonance with the Screening Test Requirements of the MCI, it is not permissible to grant registration to the Petitioner since he had applied for grant of permanent registration after 15.3.2001. The statements, which are contained in Paragraph 17 of the Reply of the MCI, have not been controverted and no Rejoinder has been filed.