NITIN THOMAS Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) In terms of the Eligibility Requirement for taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002 ("the FMI Regulations", hereinafter), framed under sec. 12 and 13(4B) of the Indian Medical Council Act, 1956 ("the IMC Act"), the petitioner was issued an Eligibility Certificate dtd. 19/2/2014, by the Medical Council of India (MCI) - now the National Medical Commission (NMC) - certifying him as eligible for admission in a foreign medical institution for pursuing his graduate medical course leading to award of a Primary Medical Qualification, equivalent to MBBS in India. Said Eligibility Certificate was withdrawn by the NMC by a communication dtd. 26/7/2021, on the basis of which the National Board of Examination in Medical Sciences (NBEMS) by a communication dtd. 23/8/2021, cancelled the candidature of the petitioner to participate in the Foreign Medical Graduate Examination (FMGE) held in June 2020 and revoked the FMGE passed certificate dtd. 18/11/2020 issued to the petitioner.

(2.) Aggrieved thereby, the petitioner seeks, by means of the present writ petition, quashing of the letters dtd. 26/7/2021 of the NMC and 23/8/2021 of the NBEMS. Consequently, the petitioner also seeks a direction to the NMC to write to the Delhi Medical Council (DMC) to issue a provisional certificate, registering the petitioner as a medical practitioner entitled to practice medicine in Delhi. Facts

(3.) Before obtaining admission in any undergraduate medical course in a foreign medical institution, a student is required to apply and obtain an Eligibility Certificate from the NMC (earlier the MCI), in terms of the FMI Regulations. After he completes a course abroad and obtains a Primary Medical Qualification/MBBS, the student has, if he desires to practice medicine in India, to pass the FMGE, also known as the "Screening Test".