AAYUSHI DINESHBHAI PRAJAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks to challenge the communication dtd. 29/8/2022 (Annexure P-1) issued by Union of India through the Ministry of Health and Family Welfare, Department of Health and Family Welfare, New Delhi, whereby, in response to the letter dtd. 28/7/2022, for issuance of an eligibility certificate in favour of the petitioner, the concerned Ministry has responded negatively.

(2.) The facts of the case are as under:-

(3.) Learned counsel appearing on behalf of the petitioner submits that the petitioner, in order to practice Medicine in India, is required to pass the Foreign Medical Graduate Examination (FMGE) and the only reason for the denial of the certificate is that she has not studied Physics, Chemistry and Biology at the 12th level which is factually incorrect. According to her, the Screening Test for granting approval to the medical graduates from foreign countries is governed by Screening Test Regulation, 2002 (in short STR, 2002). To enable the candidates to appear in Screening Test, an eligibility certificate is required from the Medical Council of India (now National Medical Commission, hereinafter referred as MCI/NMC). The eligibility certificate is granted in terms of the applicable Regulations, it being Eligibility Requirement for Obtaining Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002 (hereinafter referred as Eligibility Regulation, 2002). She, therefore, submitted that in accordance with the applicable Regulations, the petitioner is entitled for issuance of the eligibility certificate. She has referred to the communication dtd. 26/4/2022 issued by NIOS, which clarifies that the courses conducted by NIOS are being accepted by the MCI/NMC vide letter dtd. 14/9/2012. She has also referred to the clarification regarding equivalence of NIOS certificate dtd. 14/9/2012 to indicate that if the requirement of graduate medical education Regulations regarding eligibility criteria for admission to MBBS courses are fulfilled by the students appearing in 12th examination conducted by the NIOS, they may be considered eligible for admission to MBBS courses.