MEDICAL COUNCIL OF INDIA Vs. THAKRA RAM

JUDGEMENT

(1.) The instant special appeal has been filed by appellantMedical Council of India (for short, hereinafter referred to as 'MCI') against the judgment dated 10th of Aug., 2017 passed by learned Single Judge in SBCWP No.10943/2015, whereby the learned Single Judge allowed the writ petition filed by the writpetitioner (respondent No.1 herein) and directed the National Board of Examination to issue passing certificate of FMG Screening Test, 2015 to the petitioner without insisting upon the eligibility certificate to enable him further to seek registration as a medical practitioner. It is also ordered that the registering authority too shall not deny the registration on the ground that he did not acquire the eligibility certificate before seeking admission in a foreign university and directed to complete the entire exercise within a period of one month.

(2.) As per facts of the case, the writ-petitioner/respondent No.1- Thakra Ram, graduated from Lugansk State Medical University, Ukraine after completing six years course commencing from 2008 to 2014. The said graduation is equivalent to MBBS Course in India. The said course is recognized by the MCI, however, on return to India after completing his course, the writ-petitioner applied for the examination conducted by the National Board of Examination and participated in the Foreign Medical Screening Test conducted on 29.06.2015. The writ-petitioner/respondent No.1 was declared successful in the said screening test. Thereafter, the writ-petitioner approached the authorities of the National Board of Examination for issuance of the passing certificate of the FMG Screening Test, but vide letter dated 10.08.2015 he was informed by the authorities of the National Board of Examination that he is required to get the eligibility certificate issued by the MCI. However, the MCI vide their letter dated 24.09.2009 refused to grant the eligibility certificate for the reason that his age was below 17 years at the time when he joined the course in the Lugansk State Medical University.

(3.) Aggrieved by the action of MCI, the writ petition was filed by the respondent No.1 whereby he was refused eligibility certificate for the purpose of registration as Medical Practitioner and for pursuing further studies.