- (1.) The petitioner has sought to question the constitutional validity of the provisions contained in Regulation 4 (1) of the Regulations on Graduate Medical Education, 1997 Regulation read with Regulation 8 of the Eligibility Requirement for taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002 Regulations Of 2002. These Regulations have been made by the Medical Council of India MCI with the previous sanction of the Central Government under Section 33 of the Indian Medical Council Act, 1956 MCI Act.
(2.) Regulation 4 forms a part of Chapter II of the Regulations, dealing with admission, selection, migration and training. Regulation 4 lays down the criteria for eligibility for admission to the Bachelor's Degree Course in Medicine. Insofar as is material, the Regulation provides as follows: "4. Admission to the Medical Course- Eligibility Criteria: No Candidate shall be allowed to be admitted to the Medical Curriculum proper of first Bachelor of Medicine and Bachelor of Surgery (MBBS) Course until: (1) He/she shall complete the age of 17 years on or before 31st December of the year of admission to the MBBS Course. (2) He/she has passed qualifying examination as under:..."
(3.) The challenge to Regulation 4 which has been urged during the course of the hearing, is to the requirement that a candidate should have completed the age of 17 years on or before the 31st day of December of the year in which he or she takes admission to the MBBS Degree Course.;