NO Biology: Delhi HC relief to candidate for MBBS abroad denied eligibility certificate by MCI
Court Decision,
Published on November 9, 2019 |
New Delhi: Proving relief to an foreign MBBS candidate who was refused issuance of eligibility certificate by the Medical Council of India (MCI) needed for MBBS abroad as he did not study biology in 11th and 12th standard, the Delhi Court has directed MCI to review the matter afresh
The case concerns an foreign MBBS candidate, who had applied to MCI for an eligibility certificate to pursue MBBS course abroad in 2017. This particular he had not taken biology as a subject in grade XI and XII standard. His subjects at the time were English, physics, chemistry, mathematics and Sanskrit as his subjects in grade XI and grade XII. He in 2016 however, sat for an exam in botany and zoology in 2016 and was issued a certificate in that behalf by the Board of Intermediate Education, in the State of Andhra Pradesh.
Given that he did not have biology as a subject in class 11 and Class 12, his application was rejected by the MCI. After his application was rejected by the MCI, he moved the HC and sought direction to the apex medical council to issue eligibility certificate to him as required under the Eligibility Requirement For Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002.
He urged the bench to quash the orders passed by the MCI cancelling his application.
In response to the petition, the counsel appearing on behalf of the MCI had referred to an earlier HC judgment on a similar matter where the bench had then held,
“Lack of any empirical study, supporting the MCI’s conclusion that those who qualify from regular scholastic study in the 10+2 exams with additional subjects of biology/biotechnology either at one go, or after a year, do so without laboratory experience render Regulation 4(2)(a) to that extent arbitrary, Juxtaposed with clause (b) of Regulation 4(2) which talks of Intermediate state boards which does not bespeak of any such disqualification, the intentional and arbitrary nature of the regulation stands out in sharp relief. As outlined in para 24, the MCI’s regulations are based on its conclusions rather on any data or objective material. For these reasons, it is held that the category covered in SI. No. (7) of the clarification issued by MCI and the regulation (Regulation 4 (2) (a)) to the extent it sets out the impugned disqualification “Furthermore, study of Biology/Biotechnology as an Additional Subject at 10+2 level also shall not permissible…” are hereby set aside as discriminatory and arbitrary.”
After perusing the aforementioned judgment excerpt, the HC bench observed that Clause 4(2)(a) of the 1997 Regulations to the extent it forbade the issuance of an eligibility certificate to those applicants who had studied biology as an additional subject was set aside.
It noted that, in this case, the medico had sat for an exam in botany and zoology in 2016 and was issued a certificate in that behalf by the Board of Intermediate Education, in the State of Andhra Pradesh.
The bench observed that it is apparent that the impediment which was in the way of the MBBS student had been removed. Therefore, the bench disposed of the petition while issuing the following directions:
(a) The petitioner will make a representation via his father (as the petitioner is located outside the country) for issuance of an eligibility certificate.
(b) The representation will be made within one week of the receipt of a copy of this order.
(c) The MCI will dispose of the representation within two weeks from the date of receipt of the representation.
“Needless to add, if the petitioner is still aggrieved, after the disposal of the representation by the MCI, he will have liberty to take recourse to an appropriate remedy as per law.” the court added
Court Decision,
Published on November 9, 2019 |
New Delhi: Proving relief to an foreign MBBS candidate who was refused issuance of eligibility certificate by the Medical Council of India (MCI) needed for MBBS abroad as he did not study biology in 11th and 12th standard, the Delhi Court has directed MCI to review the matter afresh
The case concerns an foreign MBBS candidate, who had applied to MCI for an eligibility certificate to pursue MBBS course abroad in 2017. This particular he had not taken biology as a subject in grade XI and XII standard. His subjects at the time were English, physics, chemistry, mathematics and Sanskrit as his subjects in grade XI and grade XII. He in 2016 however, sat for an exam in botany and zoology in 2016 and was issued a certificate in that behalf by the Board of Intermediate Education, in the State of Andhra Pradesh.
Given that he did not have biology as a subject in class 11 and Class 12, his application was rejected by the MCI. After his application was rejected by the MCI, he moved the HC and sought direction to the apex medical council to issue eligibility certificate to him as required under the Eligibility Requirement For Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002.
He urged the bench to quash the orders passed by the MCI cancelling his application.
In response to the petition, the counsel appearing on behalf of the MCI had referred to an earlier HC judgment on a similar matter where the bench had then held,
“Lack of any empirical study, supporting the MCI’s conclusion that those who qualify from regular scholastic study in the 10+2 exams with additional subjects of biology/biotechnology either at one go, or after a year, do so without laboratory experience render Regulation 4(2)(a) to that extent arbitrary, Juxtaposed with clause (b) of Regulation 4(2) which talks of Intermediate state boards which does not bespeak of any such disqualification, the intentional and arbitrary nature of the regulation stands out in sharp relief. As outlined in para 24, the MCI’s regulations are based on its conclusions rather on any data or objective material. For these reasons, it is held that the category covered in SI. No. (7) of the clarification issued by MCI and the regulation (Regulation 4 (2) (a)) to the extent it sets out the impugned disqualification “Furthermore, study of Biology/Biotechnology as an Additional Subject at 10+2 level also shall not permissible…” are hereby set aside as discriminatory and arbitrary.”
After perusing the aforementioned judgment excerpt, the HC bench observed that Clause 4(2)(a) of the 1997 Regulations to the extent it forbade the issuance of an eligibility certificate to those applicants who had studied biology as an additional subject was set aside.
It noted that, in this case, the medico had sat for an exam in botany and zoology in 2016 and was issued a certificate in that behalf by the Board of Intermediate Education, in the State of Andhra Pradesh.
The bench observed that it is apparent that the impediment which was in the way of the MBBS student had been removed. Therefore, the bench disposed of the petition while issuing the following directions:
(a) The petitioner will make a representation via his father (as the petitioner is located outside the country) for issuance of an eligibility certificate.
(b) The representation will be made within one week of the receipt of a copy of this order.
(c) The MCI will dispose of the representation within two weeks from the date of receipt of the representation.
“Needless to add, if the petitioner is still aggrieved, after the disposal of the representation by the MCI, he will have liberty to take recourse to an appropriate remedy as per law.” the court added
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