- (1.) This petition has been filed for a direction upon the respondents to declare the result of the Screening Test in which the petitioners had appeared in India after obtaining the MBBS Degree from a Medical Institution outside India, without requiring the petitioners to submit the 'Eligibility Certificate'. It was necessary for the petitioners to qualify the Screening Test so that they could get themselves enrolled on the Medical Register maintained by the State Medical Council or have their names entered in the Indian Medical Register. The petitioners, however, applied for issuance of the Eligibility Certificate. The applications submitted by petitioners nos.1 and 2 were rejected by orders dated 15 April 2014 and 21 December 2006 respectively while petitioner no.3 was asked to submit mark-sheet of Class XI and admission proof letter by order dated 23 August 2012. The petitioners have sought the quashing of these orders.
(2.) The applications filed by the petitioner nos.1 and 2 for grant of Eligibility Certificate have been rejected for the reason that they were not eligible to be admitted to the MBBS Course since they had not studied Biology subject in Class XI and Class XII before appearing at the Intermediate Examination in 1999 and 2005 which was a requirement set out in the 'Regulations on Graduate Medical Education, 1997 (the 1997 Regulations ). The order dated 15 April 2014 rejecting the claim of petitioner no. 1 for grant of the Eligibility Certificate is reproduced:- "After scrutiny of the application, it is observed that you have passed your 11th and 12th Class. As per u/s 4(2) (a) of Graduate Regulation of the Council, for Admission to the Medical Course, which is given as under:- 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. Since you have not studied Biology in 11th and 12th class, you are not eligible to issue of eligibility certificate. Therefore, your request for eligibility certificate is regretted."
(3.) The order dated 21 December 2006 rejecting the claim of petitioner no. 2 for grant of the Eligibility Certificate is also reproduced and is:- "With reference to your application dated 7.11.2006m ib the subject noted above, I am to inform you that since you have not studied Biology in XIth class, which is essential for issuing of Eligibility Certificate as per the Regulations of the Council on Graduate Medical Education, 1997. Accordingly, you are not eligible for Eligibility Certificate and your application for eligibility is regretted. ";