New Delhi: Dismissing the plea by a Foreign Medical Graduate, the Delhi High Court bench recently clarified that as per the IMC Act, 1956, the medical graduates from abroad are required to possess 50% marks in Physics, Chemistry and Biology in order to appearing in the Screening Test.
Such an observation was made by the HC bench comprising of Justice Kameswar Rao while considering a plea by a candidate who scored less than 50 percent in his 10+2 examination and therefore had been declared to be ineligible to appear for the Screening Test by NMC.
"...it is clear that in view of the provisions of the IMC Act, 1956, read with the regulations made there under, the petitioner was necessarily required to be eligible for admission to an MBBS course in India, i.e., he should have possessed 50% marks in Physics, Chemistry and Biology taken together for him to be issued the Eligibility Certificate to sit in the Screening Test. The petitioner, admittedly having only 47.83% marks in the three subjects, was ineligible for admission to an MBBS course in India, and as such, could not have been issued the Eligibility Certificate to enable him to sit in the Screening Test," noted the bench as it dismissed the plea.
The petitioner, a foreign medico, had challenged an email sent to him by the National Medical Commission (NMC) dated June 07, 2021. In that email, NMC had rejected the application of the petitioner seeking permission to appear in the Screening Test. The primary reason for the rejection was that the petitioner had obtained only 47.83% marks in Physics, Chemistry and Biology taken together in the 10+2 examination and therefore, considering the provisions of Indian Medical Council Act, 1956, he was ineligible for appearing for the screening test.
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It was contended by the petitioner student that he had cleared the Intermediate Examination (Science Faculty) from Bihar School Examination Board and secured over 50% aggregate marks in Physics, Chemistry, Biology and English. Consequently, he got admitted to MBBS course in Nepal.
He argued that the said institute in Nepal finds its place in Section 12 read with second Schedule of the IMC Act, 1956. Reference is made to the regulations framed by the erstwhile MCI, called Regulations on Graduate Medical Education, 1997 which prescribes 50% marks in Physics, Chemistry and Biology in aggregate for pursuing an MBBS course in India.
Reference was made to the amendment of Section 13 of the IMC Act in 2001, whereby sub-sections 4A, 4B and 4C were inserted, which talk about requirement of clearing a Screening Test and obtaining an Eligibility Certificate for students who have obtained medical qualification from outside India, to enroll with the IMC or any State Medical Councils.
The petitioner contended that the MCI vide Press Note dated October 08, 2008 had clarified that the requirement of Eligibility Certificate as well as Screening Test would "henceforth" be applicable to all the colleges
whether recognised under Section 12 or under Section 13 of the IMC Act, 1956. According to the petitioner, it had been made clear before the issuance of Press Note and by the time the petitioner took admission in the concerned college, the Eligibility Regulations and Screening Test Regulations were not applicable to the petitioner or his college.It was further argued that in that Press Note, people from the institutions under second Schedule read with Section 12 of the IMC Act, 1956 were also made to sit in the Screening Test for getting themselves registered with the National/State Medical Councils for the purpose of practising medicine in India.
He also contended that the eligibility criteria for admission in MBBS course in India has been prescribed under Regulation 4 and 5 of the Graduate Medical Education Regulations, 1997, which stipulates certain percentage of marks in Physics, Chemistry and Biology in aggregate, excluding Mathematics, English or any other subject or any other eligibility criteria for persons from the colleges in a foreign country is arbitrary and irrational as well as ultra vires the constitutional provisions.
On the other hand, the National Medical Commission (NMC) justified its action stating that the petitioner had only obtained 47.83% marks in Physics, Chemistry and Biology taken together in 10+2 examination and not 50% marks as required under the statutory regulations and therefore, he could not be considered eligible for admission to MBBS course in India. It was further stated by NMC's counsel that because of such lack of eligibility, the petitioner could not have been issued the Eligibility Certificate to sit in the Screening Test.
In this regard, the counsel for NMC relied upon Section 13(4A) and 13(4B) of the IMC Act, 1956 read with the Eligibility Regulations and Screening Test Regulations, and pointed out that since the petitioner was unable to obtain 50% marks in the qualifying examination in the subjects of Physics, Chemistry and Biology taken together, he was rightly denied the Eligibility Certificate,
Further referring to Regulation 8 of Eligibility Regulations, the counsel for NMC argued that an application for issuance of Eligibility Certificate is considered only if the candidate fulfills the eligibility criteria for admission in MBBS course in India i.e., minimum qualifying marks criteria in the subjects of Physics, Chemistry, Biology/Bio-Technology and English as prescribed in Graduate Medical Education Regulations, 1997.
Reliance was also placed to the Supreme Court judgment in the case of Yash Ahuja and Others v. Medical Council of India and Others, wherein the Supreme Court had reportedly held that a candidate securing MBBS qualification from an institution recognised under Section 12 and named in the second Schedule of the IMC Act, 1956 must also necessarily obtain an Eligibility Certificate and clear the Screening Test for registration under the IMC Act, 1956.
At this outset, the counsel for NMC argued that in view of the law laid down by the Supreme Court it is clear that a candidate who intends to practise medicine in India needs to have 50% marks in Physics, Chemistry and Biology combined in the qualifying exam of 10+2, and further has to clear the Screening Test.
After considering the submissions by both the parties, the HC bench also referred to the Apex Court judgment in the case of Yash Ahuja and Others v. Medical Council of India and Others and noted, "The question before the Supreme Court was whether the petitioners/appellants can be subjected to the Screening Test postulated by the sub-section 4A of the Section 13 of the IMC Act, 1956, as the appellants/petitioners possess medical qualification mentioned in the second Schedule."
Referring to the judgement, the HC bench stated, "It is apparent from paragraph 77 of the Judgment as reproduced above, that the Supreme Court has also considered an identical submission made on behalf of the petitioners/appellants in that case and has stated that the Press Note of October 08, 2008 cannot be interpreted to preclude either the MCI or the Court in canvassing the correct interpretation of the IMC Act, 1956.
The bench also referred to the earlier judgment of Delhi HC in the case of Rohinish Pathak (Supra), where it had been clarified that a claim for an eligibility certificate can be granted only if the person is qualified to be eligible for admission to an MBBS course in India in terms of the Graduate Medical Examination Regulations, 1997, and in the absence of such qualification, he shall not be entitled to sit for the Screening Test, in view of Regulation 4(2) of the Screening Test Regulations.
Therefore, dismissing the plea, the HC bench dismissed the plea and noted, "Hence, it is clear that in view of the provisions of the IMC Act, 1956, read with the regulations made there under, the petitioner was necessarily required to be eligible for admission to an MBBS course in India, i.e., he should have possessed 50% marks in Physics, Chemistry and Biology taken together for him to be issued the Eligibility Certificate to sit in the Screening Test. The petitioner, admittedly having only 47.83% marks in the three subjects, was ineligible for admission to an MBBS course in India, and as such, could not have been issued the Eligibility Certificate to enable him to sit in the Screening Test."
To read the court order, click on the link below.
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