RAVINDER SINGH Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The Petitioner is aggrieved by the denial of permanent registration as medical practitioner by the Medical Council of India (MCI) and has accordingly filed the present writ petition.

(2.) The MCI has denied registration to the Petitioner on two grounds. The first is that as against the minimum qualifying marks of 50% in the +2 examinations (Senior Secondary Examination), the Petitioner had secured only 49.7% marks. Secondly, in the judgment dated 8th March 2002 of the Supreme Court of India in Medical Council of India v. Indian Doctors from Russia Welfare Associations (2002) 3 SCC 696, a one-time exemption was granted to those who were ineligible on any one ground and who had applied for registration prior to 15th March 2001. The Petitioner had not applied by that date and therefore, he had to necessarily qualify in the mandatory screening test prior to being granted registration.

(3.) The facts are really not in dispute except on one point i.e. whether the Petitioner applied prior to the cut-off date, i.e. 15th March 2001? If the Petitioner is able to succeed on the first point urged by him, that his 49.7% marks in the +2 examinations should be considered as 50% by applying the principle of rounding off, then he would not be ineligible and the question of availing the one-time exemption to those applying before the cut-off date would not arise.