Naresh Beniwal vs The National Medical Commission ...
2023 Latest Caselaw 738 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Third Misc. Stay Petition No.15522/2022

IN

S.B. Civil Writ Petition No. 15807/2021

Naresh Beniwal S/o. Bhagirath Beniwal, b/c Beniwal, aged about 23 years, R/o. Ward No.08, Sherpura, Village Sherpura, Tehsil Bhadra, 14 AMS, Hanumangarh, Bhadra, Rajasthan.

----Petitioner Versus

1. The National Medical Commission of India through its Secretary, Pocket-14, Sector-8, Dwarka, New Delhi.

2. The National Board of Examination through its Registrar, Medical Enclave, Ansari Nagar, Ring Road, New Delhi-110 0029.

For Petitioner(s)            :     Mr. Sukesh Bhati
For Respondent(s)            :     Mr. Mukesh Rajpurohit, ASG
                                   Ms. Dimple Rajpurohit



                HON'BLE DR. JUSTICE NUPUR BHATI

                                        Order

19/01/2023

Counsel for the petitioner submits that an application has

been preferred for preponment of date on third stay petition.

Counsel for the petitioner submits that the third stay petition

has been preferred praying that the petitioner be permitted to

participate in Foreign Medical Graduate Examination-December,

2022, which is scheduled on 20.01.2023.

Counsel for the petitioner further submits that the Medical

Council of India published a public notice, by which, an

information was given in regards to the requirement of obtaining

eligibility certificate to pursue primary medical examination

(2 of 4) [CW-15807/2021]

(MBBS) or its equivalent by the Indian Citizen/ Overseas Citizen of

India as the same was mandatory in terms of Section 13(4B) of

the Indian Medical Council Act, 1956. He further submits that in

the public notice, it was also mentioned that the requirement of

obtaining eligibility certificate was dispensed with by the Indian

Medical Council (Amendment) First & Second Ordinance, 2013.

However, with the lapse of Indian Medical Council (Amendment),

2013 the requirement of obtaining eligibility certificate from the

Medical Council of India stood revised w.e.f. 04.01.2014.

He further submits that the public notice also mentioned that

the Executive Committee of the Council decided to re-start

issuance of eligibility certificate with effect from the current

academic year 2016-17.

Counsel for the petitioner submits that the petitioner's date

of birth is 02.05.1999 and the petitioner took admission in MBBS

Course with V.N. KARAZIN KHARKIV NATIONAL UNIVERSITY,

Ukraine in the year 2015, which is evident from Annex.3 i.e. the

Invitation for Citizen issued by the Ministry of Education and

Science, Ukraine.

Counsel for the petitioner further submits that the petitioner

was allowed to take admission in Medical Course by the University

of Ukraine at the age of less than 17 years as there is no Rule in

regards to the minimum age for pursuing the medical course. He

further submits that the petitioner successfully completed the

Course from the University of Ukraine, in which, the petitioner has

been issued Specialist Diploma on July, 2021. He further submits

that the petitioner has been declined eligibility certificate by the

respondents on the ground that the petitioner is less than 17

(3 of 4) [CW-15807/2021]

years of age and he further submitted that the mandatory

requirement of eligibility certificate could not be imposed upon the

petitioner for the reason that the same was re-started w.e.f. the

academic year 2016-17, whereas the petitioner sought admission

in the year 2015. He further submits that on account of non-

issuance of eligibility certificate, the petitioner would not be able

to participate in Foreign Medical Graduate Examination-December,

2022, which is scheduled on 20.01.2023, as it is necessary to

submit a copy of the same at the time of filing the form.

Counsel for the petitioner has also placed reliance upon the

judgment rendered by Hon`ble Division Bench of this Court in

D.B. Civil Special Appeal (Writ) No.455/2018, wherein, in

almost similar facts and circumstances, this Court dismissed the

special appeal and upheld the order dated 10.01.2017 passed in

S.B. Civil Writ Petition No.1094/2015.

Learned counsel appearing for the respondents vehemently

argued that the petitioner is not holding the eligibility for

appearing in Foreign Medical Graduate Examination December,

2022 for the reason that the petitioner was not having the

minimum age as laid down in the Regulation 4.1 of the Medical

Council of India Regulations on Graduate Medical Education, 1997.

Heard learned counsel for the parties and after perusing

record of the case, this Court is of the opinion that if the petitioner

is deprived of sitting in the Foreign Medical Graduate Examination-

December, 2022, which is scheduled on 20.01.2023, then the

petitioner's career prospects would be seriously prejudiced.

The respondents are, therefore, directed to provisionally

allow the petitioner to appear in Foreign Medical Graduate

(4 of 4) [CW-15807/2021]

Examination-December, 2022, which is scheduled on 20.01.2023.

However, the petitioner's result shall not be declared without the

leave of the Court.

It is made clear that the permission of appearing in the

ensuing examination shall not create any right/equity in favour of

the petitioner.

The third stay petition stands disposed of accordingly.

(DR. NUPUR BHATI),J S-3-Sanjay/-

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