ARUN MISHRA,J. - (1.) Most of the cases have a chequered history. Initially, petitioners have questioned four notifications two notifications dated 21.12.2010 issued by Medical Council of India (for short, 'the MCI') and other two notifications dated 31.5.2012, issued by Dental Council of India (for short, 'the DCI'). The MCI by virtue of Regulations on Graduate Medical Education (Amendment) 2010, (Part II) notified by the Government of India, amended the Regulations on Graduate Medical Education, 1997. Similarly, the other notification issued by MCI called "Post-Graduate Medical Education (Amendment) Regulation, 2010 (Part-II)" to amend the Post Graduate Medical Education Regulations, 2000. The regulations came into force on their publication in the Official Gazette. The other two notifications dated 31.5.2012 issued by DCI were relating to admission in the BDS and MDS courses.
(2.) The MCI issued notifications in exercise of power conferred by Section 33 of the Indian Medical Council Act, 1956 (for short, 'the Act of 1956'). The amendments were made in the Regulation on Graduate Medical Education, 1997. The change was made in Clause 5 in Chapter II of the Regulations. Clause 5 provided for procedure for selection thus: "6. In Chapter II, Clause 5 under the heading "Procedure for selection to MBBS Course shall be as follows" shall be substituted as under: (i) There shall be a single eligibility-cum-entrance examination, namely, 'National Eligibility-cum-Entrance Test for admission to MBBS course' in each academic year. The overall superintendence, direction, and control of the National Eligibility-cum-Entrance Test shall vest with the Medical Council of India. However, the Medical Council of India, with the previous approval of the Central Government, shall select organisation(s) to conduct 'National Eligibility-cum-Entrance Test for admission to MBBS course. (ii) In order to be eligible for admission to MBBS course for a particular academic year, it shall be necessary for a candidate to obtain minimum of 50% (fifty percent) marks in each paper of National Eligibility-cum-Entrance Test held for the said academic year. However, in respect of candidates belonging to the Scheduled Castes, the Scheduled Tribes, and the Other Backward Classes, the minimum percentage shall be 40% (forty percent) in each paper, and in respect of candidates with locomotory disability of lower limbs, the minimum percentage marks shall be 45% (forty-five percent) in each paper of National Eligibility-cum-Entrance Test: Provided when sufficient number of candidates belonging to respective categories fail to secure minimum marks as prescribed in National Eligibility-cum-Entrance Test in any academic year for admission to MBBS course, the Central Government in consultation with the Medical Council of India may at its discretion lower the minimum marks required for admission to MBBS course for candidates belonging to respective categories and marks so lowered by the Central Government shall be applicable for the said year only. (iii) The reservation of seats in medical colleges for respective categories shall be as per applicable laws prevailing in States/Union Territories. An all India merit list as well as State-wise merit list of the eligible candidates shall be prepared on the basis of the marks obtained in National Eligibility-cum-Entrance Test and candidates shall be admitted to MBBS course from the said lists only. (iv) No candidate who has failed to obtain the minimum eligibility marks as prescribed in sub-clause (ii) above shall be admitted to MBBS course in the said academic year. (v) All admissions to MBBS course within the respective categories shall be based solely on marks obtained in the National Eligibility-cum-Entrance Test." (emphasis supplied)
(3.) Similarly, amendments to the Post Graduate Medical Education Regulations, 2000 were made. The relevant portion of the amendments made are extracted hereunder: "No. MCI. 18(1)/2010-Med./49070. - In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous approval of the Central Government hereby makes the following regulations to further amend the 'Postgraduate Medical Education Regulations, 2000', namely: 1. (i). These Regulations may be called 'the Postgraduate Medical Education (Amendment) Regulations, 2010 (Part II)'. (ii) They shall come into force from the date of their publication in the Official Gazette. 2. In the 'Postgraduate Medical Education Regulations, 2000', the following additions/ modifications/ deletions/ substitutions, shall be as indicated therein: 3. Clause 9 under the heading 'SELECTION OF POSTGRADUATE STUDENTS' shall be substituted as under: "9. Procedure for selection of candidate for Postgraduate courses shall be as follows: (i) There shall be a single eligibility-cum-entrance examination, namely, National Eligibility-cum-Entrance Test for admission to Postgraduate Medical Courses in each academic year. The overall superintendence, direction and control of National Eligibility-cum-Entrance Test shall vest with Medical Council of India. However, the Medical Council of India, with the previous approval of the Central Government shall select organisation(s) to conduct National Eligibility-cum-Entrance Test for admission to Postgraduate courses"'.";