DILIP GUPTA,J. - (1.) This petition has been filed for a direction upon the respondents to declare the result of the Screening Test in which the petitioner had appeared in India after obtaining the MBBS Degree from a Medical Institution outside India, without requiring the petitioner to submit the 'Eligibility Certificate'. It was necessary for the petitioner to qualify the Screening Test for enrolment in the Medical Register maintained by the State Medical Council. The petitioner, however, also applied for issuance of the Eligibility Certificate but the application was rejected by order dated 7 October 2012. The petitioner has, accordingly, sought the quashing of this order dated 7 October 2012 also.
(2.) The application filed by the petitioner for grant of Eligibility Certificate has been rejected for the reason that the petitioner had not studied Biology subject in both Class XI and Class XII before appearing at the Intermediate Examination in 2003 which was a requirement set out in the 'Regulations on Graduate Medical Education, 1997'1. The order dated 7 October 2012 rejecting the claim of the petitioner for grant of the Eligibility Certificate is reproduced below :- "After scrutiny of the application it is observed that you have passed your 11th class from RET Inter College, Dayal Bagh with Hindi, English, Physics, Chemistry and Mathematics and 12th Class Qualification from Uttar Pradesh Board of High & Intermediate Examination in the year of 2003 with English, Chemistry and Physics. Since you have not studied the subject of Biology in both examinations, you do not fulfil the requirements for admission to the Medical Course as per GRADUATE MEDICAL EDUCATION REGULATIONS, 1997. No candidate shall be allowed to be admitted to the Medical Curriculum 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:- 1. The higher secondary examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher Secondary Examination after a period of 12 years study, the last two years of study comprising of Physics, Chemistry, Biology and Mathematics or any other elective subjects with English at a level not less than core course of English as prescribed by the National Council of Educational Research and Training after the introduction of the 10+2+3 years educational structure as recommended by the National Committee on education."
(3.) The petitioner had appeared at the Intermediate Examination conducted by the Board of High School and Intermediate Education, Uttar Pradesh in 2003 with General Hindi, English, Mathematics, 1 the 1997 Regulations 2 the Board Physics and Chemistry but the petitioner also appeared at the 2004 Intermediate Examination conducted by the Board in Biology subject in accordance with Regulation 17(2) contained in Chapter XII of the Regulations framed under the provisions of the U.P. Intermediate Education Act, 1921. Thereafter, the petitioner took admission in the first year MBBS Course in B.P. Koirala Institute of Health Sciences, Dharan Nepa in the year 2006. This course, which is of 5 years duration, was completed by the petitioner in 2011 and a provisional degree was granted to the petitioner in 2012 after he completed the Residential Rotatory Internship.;