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The Delhi High Court observed that for a foreign qualified MBBS degree holder, it is mandatory to obtain 50% marks in Physics, Chemistry, and Biology (PCB) in the 10+2 examination to be eligible for appearing in the Screening Test and to get registered in India as a medical practitioner.

Court was dealing with a writ petition moved by one Apurv Shankar for quashing the decision of the National Medical Commission not granting permission to Shankar to appear in the Screening Test conducted by the National Board of Examinations in Medical Sciences (NBEMS).

A bench of Justice Kameswar Rao, in the view of the provisions of the Indian Medical Council Act, (IMC) 1956, observed,

“It is clear that given the provisions of the IMC Act, 1956, read with the regulations made thereunder, 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”

The petitioner had challenged an email sent to him by the National Medical Commission (NMC). Through the email, NMC had rejected the application of the petitioner seeking permission to appear in the Screening Test conducted by the NBEMS.

The primary reason for rejection for such permission was that the petitioner had obtained only 47.83% marks in PCB taken together in the 10+2 examination and could not have been granted the Eligibility Certificate for the Screening Test, given the provisions of the Indian Medical Council Act, 1956.

The main contention raised by the petitioner was that when took admission in the concerned Medical college, the Eligibility Regulations and Screening Test Regulations did not apply to him or his college.

The petitioner argued that he cleared the Intermediate Examination (Science Faculty) from Bihar School Examination Board and secured over 50% aggregate marks in PCB and English. And in the same year of passing his Intermediate Examination, the petitioner opted to pursue an MBBS course from B.P. Koirala Institute of Health Sciences, Dharan, Nepal. He completed the selection process and was able to secure a seat in the MBBS course in the aforesaid institution.

Petitioner stated that the institution finds its place in Section 12 read with the Second Schedule of the IMC Act, 1956. Reference was made to the regulations framed by the erstwhile MCI, called Regulations on Graduate Medical Education, 1997 which prescribes 50% marks in PCB in aggregate for pursuing an MBBS course in India.

In 2001, Section 13 of the IMC Act, 1956 was amended, whereby sub-sections 4A, 4B, and 4C were inserted, which talk about the 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.

Petitioner also stated that the MCI vide Press Note dated October 08, 2008, clarified that the requirement of Eligibility Certificate, as well as Screening Test, would “henceforth” apply to all the colleges, whether recognized under Section 12 or under Section 13 of the IMC Act, 1956, which, according to the petitioner has made it clear that before the issuance of the Press Note and the time when the petitioner took admission in the concerned college, the Eligibility Regulations and Screening Test Regulations did not apply to the petitioner or his college.

After successful completion of the MBBS course and his one-year internship, the petitioner, by Eligibility Registration Form, had on February 22, 2021, applied to the NMC for permission to appear in the Screening Test conducted by the NMC, however the same had been rejected on the abovementioned grounds.

Kundan Kumar Mishra, counsel for the petitioner in his submissions by the said Press Note, stated that the person from the institutions under the Second Schedule read with Section 12 of the IMC Act, 1956 was also made to sit in the Screening Test for getting themselves registered with the National/State Medical Councils to practice medicine in this country.

That apart, it was his submission that the eligibility criteria for admission in MBBS course in India have been prescribed under Regulation 4 and 5 of the Graduate Medical Education Regulations, 1997, which stipulates a certain percentage of marks in PCB 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.

Mishra argued that the petitioner was duly admitted to the college in Nepal, which falls under Section 12 of the IMC act, 1956, after fulfilling criteria as per rules and regulations and the said institution is a college of eminence recognized by the Medical Regulatory Body of Nepal and also by the World Health Organization. He also claimed that NMC recognized the institution from where the petitioner has secured MBBS.

On the other hand, T. Singhdev counsel for Central Government argued that the action of the NMC by stating that as the petitioner had only obtained 47.83% marks in PCB taken together in 10+2 examination and not 50 % marks as required under the statutory regulations, and as such, could not be considered eligible for admission to MBBS course in India.

Singhdev further stated that because of a lack of eligibility certificate to sit in the screening test, the attempt of the petitioner was only to bypass the very clear regulations.

In this regard, he relied upon Section 13(4A) and 13(4B) of the IMC Act, 1956 read with the Eligibility Regulations and Screening Test Regulations, and argued that as the petitioner was ineligible for issuance of Eligibility Certificate because he was unable to obtain 50% in the qualifying examination in the subjects of PCB taken together, he was rightly denied the Eligibility Certificate

He also stated that the Eligibility Regulations, more specifically, Regulation 8 therein, provides that the respondent No.2 shall consider an application for issuing an Eligibility Certificate only if the candidate fulfills the eligibility criteria for admission to 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.

He laid stress on the fact that the candidate must necessarily secure 50% marks in the subjects of Physics, Chemistry and Biology taking together, apart from passing in the said subjects, along with English individually, in the case of General category students and 40% marks in the case of candidates belonging to Schedule Cast/Schedule Tribe and Other Backward Classes.

He further clarified that given the law laid down by the Supreme Court it is clear that a candidate who intends to practice medicine in this country 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 conducted by the National Board of Examinations in Medical Sciences.

Court after hearing counsels of both the sides relied on a Supreme Court case Yash Ahuja and Others v. Medical Council of India and others (2009) where the question before the court was whether the petitioner can be subjected to the Screening Test postulated by the sub-section 4A of Section 13 of NMC Act, 1956, as the petitioner's process medical qualification mentioned in the second schedule.

Court was of the view that it did not see any illegality in the impugned email and that the application of the petitioner dated February 22, 2021, was rightly rejected by the NMC.

Case Title: Apurv Shakar v. Union of India and Ors.