NEHA GOGIA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioner before this Court, having studied from DPS International School, New Delhi appeared in the 'A' level examination conducted by University of Cambridge and obtained Grade 'D' in Chemistry and Grade 'E' in Physics and Biology. The petitioner took admission in the MBBS Course of International University of Health and Sciences, School of Medicine, St.Kitts, West Indies in February, 2007. In May, 2007, she applied to Medical Council of India for grant of Eligibility Certificate. The said Certificate, however, was refused vide letter dated 23.4.2008, on the ground that the marks obtained by the petitioner in Physics, Chemistry and Biology taken together, were less than 50%. The petitioner completed her MBBS Course and was issued a Provisional Certificate on 1.6.2012. The petitioner wants to appear in the Screening Test conducted by MCI but is unable to appear in the said test without Eligibility Certificate being issued to her. The petitioner is, therefore, before this Court seeking the following reliefs:-

(2.) In its counter-affidavit, the respondent/MCI has stated that in terms of the requirement prescribed under its Regulations, the petitioner was required to obtain 50% marks in the qualifying exam in Physics, Chemistry and Biology taken together and since she did not obtain the requisite marks, she is not entitled to issue of Eligibility Certificate. It is also stated in the counter affidavit that vide decision dated 1.4.2008, the Council decided that in the cases where grades are awarded in the qualifying examination, a candidate would be eligible to issue of Eligibility Certificate if he obtained the following grades:-

(3.) Regulation 5(1) of Graduate Medical Education Regulations 1997 framed by Medical Council of India reads as under:-