LAWS(CAL)-2009-7-47

BAISHALI HOM CHAUDHURI Vs. UNION OF INDIA

Decided On July 10, 2009
BAISHALI HORN CHAUDHURI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The question that arises is as to whether a candidate who has qualified from an institution recognised in the Second Schedule to the Medical Council Act, 1956 is required to take any screening test conducted by the Medical Council before being registered to function as a medical practitioner in the country.

(2.) The petitioner cleared her Madhyamik Examination in first division and obtained a second division in the Higher Secondary Examination. The petitioner's parents are doctors and the petitioner was inclined to also pursue a career in medicine. The petitioner bagged a ticket under the SAARC quota to the B.P. Koirala Institute of Health Sciences in Dharan, Nepal. Such institute is one of the latest entrants into the Second Schedule to the said Act, having been included in the year 2000. The petitioner completed her Bachelor of Medicine and Bachelor of Surgery (MBBS) course from such institute in Dharan, Nepal in 2006.

(3.) The petitioner had obtained a shade over 51 per cent marks in the two languages, at the higher secondary stage. In the compulsory elective group comprising physics, chemistry and biology she secured 287 marks out of 600, which worked out to slightly under 48 per cent. In the optional elective subject of mathematics she scored 21 out of 100 marks, though such subject was not to count towards the total. The grand total that the petitioner secured in the Higher Secondary Examinations was 490 out of 1000 marks.