PRIYANKA GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court passed out her 10+2 from West Bengal Council of Higher Education with second division. In the aforesaid examination, she obtained 35 marks out of 100 marks in chemistry. A perusal of her mark sheet would show that she had opted for two language subjects (English B and Hindi A), 3 Compulsory Elective (Biology, Mathematics and Physics) and one Optional Elective i.e Chemistry. She obtained 35 out of 100 marks in theory and 38 out of 100 marks in practical in Chemistry. She was declared passed in second division. The mark sheet also shows the following requirement with respect to the pass marks:-

(2.) THE petitioner before this Court appeared in the entrance examination of MBBS examination in B.P.Koirala Institute of Health Sciences, Nepal in October 2006 and completed her MBBS course from the said Institute in the year 2011. After passing out her MBBS examination from B.P.Koirala Institute of Health Sciences, Nepal, the petitioner applied to the respondent Medical Council of India for issuance of eligibility certificate which permits a person to appear in the screening test to be conducted for being registered as the medical practitioner. The application of the petitioner, however, was rejected by the Medical Council of India on the following grounds:-

(3.) SECTION 13(4)(b) of Indian Medical Council Act 1956 reads as under:-