W.P. (C) 461/09 Page 1 of 4 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 03.02.2009 + W.P. (C) 461/2009, C.M. 1030/2009 FAISAL & ORS. ..... Petitioners Through: Mr. P.V. Dinesh, Advocate. versus MEDICAL COUNCIL OF INDIA & ANR. ..... Respondents Through: Mr. Maninder Singh with Mr. T. Singhdev, Advocate for Resp-1. Mr. Rakesh Gosain, Advocate for Resp-2. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT 1. Whether the Reporters of local papers Yes may be allowed to see the judgment? 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be Yes reported in the Digest? S.RAVINDRA BHAT, J. (ORAL) % Heard the counsel for the parties. 2. The petitioners seek direction to the second respondent to declare the result of the screening test held on 28.9.2008 and register them provisionally as qualified in that process. 3. All the petitioners had claimed to have qualified in foreign medical courses from Institutions in China. In accordance with the medical eligibility requirements for taking admission in an under graduate medical course in a Foreign Medical Regulations, 2002 (hereafter called Regulations), they W.P. (C) 461/09 Page 2 of 4 sought for and were permitted to appear in the Screening test held by the second respondent to determine their eligibility for the purpose of completing their one year rotatory internship. The test was held; however, their complaint is that till date the respondents have not declared the results and are relying on some clarifications; the grievance is that the National Board of Examination (NBE) has indicated that the status quo would be continued till a final decision is taken by the Central Ministry of Health and Family Welfare in that regard. The bone of contention appears to be that in such cases the NBE is insisting upon production of final degree certificate. 4. The petitioners rely upon a letter written to the NBE by the Medical Council of India (hereafter referred to as MCI) dated 22.12.2008, which is on record. After considering the purport and effect of the Regulations that letter records as follows: - “The above mentioned regulations clearly stipulates that an Indian citizen possessing a primary medical qualification awarded by any medical institutions outside India who is desirous of getting provisional of permanent registration with the Medical Council of India or any State Medical Council on or after 15.3.2002 shall have to qualify a screening test conducted by the prescribed authority for that purpose as per the provisions of section 13 of the Act and it further clarifies that after qualifying the Screening Test, the candidate will apply to the Secretary, MCI or to the State Medical Council for provisional registration/permanent registration along with the requisite registration fee and the MCI or the State Medical Council shall issue provisional registration to such successful candidates, who are yet to undergo one year internship in an approved institution. Accordingly, it is requested that all the students were similarly placed and who fulfill the minimum eligibility norms laid down by the Medical Council of India in Graduate Medical Education Regulations, 1977 and who have passed the MBBS W.P. (C) 461/09 Page 3 of 4 course may kindly be permitted to appear in the Screening Test Examination conducted by the National Board of Examination and declare their result thereof. I, therefore, request you to kindly release the results of these Medical Graduates from China Three George University, China, and after similarly placed candidates and who are otherwise eligible for admission to medical course to make the successful candidates eligible to apply for provisional registration to the Council, so that the Council shall issue provisional registration to such successful candidates, who are yet to undergo one year internship in an approved institution.” 5. This Court had issued notice and directed the respondents to keep the necessary records for consideration. Learned counsel for the MCI has produced the copy of the Minutes of the meeting held between the MCI and the officials of NBE duly signed by all participants in the meeting including the representatives of the NBE. They record that: “after due deliberations, it was agreed upon that the students of such institutes as are covered u/s 12 and who have gone abroad prior to the date of order of the Hon’ble Delhi High Court dated 26.9.2008 may also be allowed to appear in the Screening Test provided they fulfill the Minimum Eligibility norms as prescribed by the Council and the results may be declared thereof without insistence of eligibility certificate”. 6. It was also noted earlier: “After due discussion, it was also agreed upon that it is desirable those students who are in possession of provisional pass certificate from abroad should also be allowed to appear in the screening test and the result declared thereof. 7. Learned counsel for the NBE contended that on the said date, i.e., 2.2.2009, a letter was written to the MCI suggesting corrections in the above two decisions and making it subject to the prior approval and consent of the W.P. (C) 461/09 Page 4 of 4 Government of India. 8. This Court has considered the matter. The inaction of the NBE, in the circumstances of this case, is not only strange but to a large extent inexplicable. The NBE has, nowhere, till date urged as to whether reference has been made to the Central Government for clarifications in terms of the Notice put on its website on 10.10.2008. Learned counsel for the MCI pointed out that the requirements of the Regulations would be satisfied if the candidate produces a provisional certificate to enable him to complete his internship and that in such terms, he can be permitted to complete the internship provided he qualifies the screening test. The position of the NBE which merely conducts the examination is to neither take a formal decision or making a positive recommendation nor state that those who appeared in the examination like the petitioners are ineligible. 9. Having regard to the stand of the MCI and the Regulations, the Court is of the considered opinion at this stage that the petitioners’ result should be declared. The NBE should take appropriate steps and do so within a week. 10. Learned counsel for the NBE assures that the results would be declared within two days. 11. The Writ Petition is accordingly disposed of. S. RAVINDRA BHAT (JUDGE) FEBRUARY 03, 2009 /vd/