ROHIT NARESH AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) These are writ petitions filed by the petitioners challenging clause 4(3) of the Screening Test Regulations, 2002 as introduced by "the Screening Test Regulations (Amendment), 2010, issued and notified on 16.04.2010 by the Medical Council of India. As all the writ petitions involve a similar challenge to clause 4(3) of the Screening Test Regulations, 2002 (hereinafter referred as the 'impugned regulation'), the same have been taken up together. In order to consider the controversy involved in the present writ petitions, the relevant facts stated in W.P.(C) 1655/2013 are being referred herein.

(2.) The petitioner in W.P.(C) 1655/2013 (hereinafter referred to as the petitioner) cleared his Higher Secondary Certificate Examination on 05.06.2006 from the Maharashtra State Board of Secondary and Higher Secondary Education, Pune. Thereafter, the petitioner was admitted in Smolensk State Medical University, Smolensk, Russia, in the first year of a six year medical course equivalent to the MBBS Course in India. The petitioner successfully completed the first four years of the course from the said University during the academic years 2006-07 to 2009-2010. Thereafter, on account of certain reasons, which are described as compelling situations, the petitioner left Smolensk State Medical University and took a transfer to Osh State University in Kyrgyz Republic during the academic year 2010-11. The petitioner, thereafter, completed the balance two years of the course from the Osh State University and graduated from the said University in June 2012 with a degree of Doctor of Medicine in General Medicine. The petitioner has produced a Diploma awarding the qualification of "Doctor of Medicine (MD) in the Profession of 'General Medicine'". A Certificate dated 13.06.2012 has also been issued by Osh State University certifying the petitioner to have completed the six years course and further certifying that the petitioner has been awarded the qualification of Doctor of Medicine in the profession of "General Medicine". A no objection certificate has also been issued by the said University stating their no objection to the petitioner carrying on further study and research work or performing any activity according to the Diploma awarded to him.

(3.) It is relevant to note that the petitioner had applied for an eligibility certificate for undertaking an undergraduate medical course outside India and in terms of "the Eligibility Requirement for taking Admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002," (hereinafter referred to as the "Eligibility Regulations"), an eligibility certificate was issued to the petitioner stating that he was eligible to apply for admission in a foreign medical institution. The relevant extract of the said certificate is quoted below:-