ANSHUL AGGARWAL Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This common judgment would dispose of the aforestated writ petitions, challenging amendments made to the Medical Council of India Regulations on Graduate Medical Education Regulations, 1997 (Regulations, for short) vide notification No. MCI-34(41)2017-med./169873 dated 22nd January, 2018 to the extent the following categories of students/candidates have been declared ineligible and are disqualified from appearing in the National Eligibility cum Entrance Test (NEET, for short) for admission to Bachelor of Medicine and Bachelor of Surgery (MBBS, for short) Course;-

(2.) Amendments under challenge framed by the Medical Council of India (MCI, f sht) with previous sanction of the Central Government under Section 33 of the Medical Council of India Act,1956 (the Act, f sht), vide "Regulation on Graduate Medical Education (Amendment) 2017",have been reproduced and highlighted in italics and underlined alongwith clauses 4 and 4(2) of the Regulations, below:- (c) The pre-professional/pre-medical examination with Physics, Chemistry and Biology Biotechnology, after passing either the higher secondary school examination, the pre-university an equivalent examination. The pre-professional/premedical examination shall include a practical test in Physics, Chemistry & Biology Biotechnology and also English as a compulsy subject. (d) The first year of the three years degree course of a recognized university, with Physics, Chemistry and Biology Biotechnology including a practical test in three subjects provided the examination is a "University Examination" and candidate has passed 10+2 with English at a level not less than a ce course. The pre-medical course may be conducted either at Medical College a Science College. Marks obtained in mathematics are not to be considered f admission to MBBS course. (The amended ptions, which are under challenge, have been highlighted in italics and underlined).

(3.) As the facts in W.P. (C) Nos.1982/2018, Jasna Shayla K versus Union of India and Ors. and W.P. (C) No.1972/2018, Jalaludheen T. & Anr. versus Medical Council of India and Ors., in which the State of Kerala is also a party, are somewhat different though these writ petitions pertain to challenge to upper age limit, they are being dealt with and examined separately.