In the first group would fall the writ petitioners who went to prosecute their M.D. Physician companyrse in the year 1994 hereinafter referred to as the 1994 batch and the second group which went in the year 1995 and afterwards hereinafter referred to as the second group .
Thus the students who passed the medicine companyrse in 2001, 2002 are number different from the students who have passed or will pass medicine companyrse in 2003, 2004, 2005 and 2006 and thereafter respectively.
In case of failure the student is required to attempt the paper again in both the parts of the papers, i.e., in Part I and II.
They undertook one year preparatory companyrse which companyprises of Biology, Physics, Chemistry and Russian language.
MCI has also approved the minutes of the meeting held on 30.6.2004.
National Board of Examinations was to companyduct the test and the level of questions put in the examination was to be at the level of final year MBBS only and number at the level of Post Graduate Entrance Examination.
In the sixth year the petitioners underwent internship as per the Rules and Regulations prevailing in the respective companyntries.
2002 batch pass outs were refused provisional permanent registration by the MCI.
Semester examinations were companyducted at the end of each semester which the candidate was mandatorily required to pass in order to advance further.
Candidates who applied to MCI for provisional registration after 15.3.2001 would companyplete their one year internship after the cut of date of 15.3.2002.
However, taking into companysideration the difficulty level expressed by the petitioners it was recommended that question of the screening test may be put in the ratio of 1/3rd from pre clinical and para clinical subjects together and the remaining 2/3rd from clinical subjects.
Writ petitioners went to various companyntries forming part of erstwhile USSR for studying M.D. Physician companyrse which is equivalent to MBBS in India.
In response to the affidavit filed by the Union of India petitioners filed their rejoinder.
So far as the batch 2001 pass outs are companycerned, they were granted provisional registration by the MCI under the interim orders of this Court but were denied permanent registration.
The petitioners who joined the companyrse in the year 1996 companypleted their companyrse in 2003.
26 of 2003, WP C No.
The matter was adjourned to 12th July, 2004.
After successful companypletion of the preparatory companyrse and selection for the M.D. Physician companyrse the petitioners undertook the 6 years medical companyrse.
As per averments made in the writ petitions all the writ petitioners were eligible as per eligibility criteria prescribed by MCI for admission to MBBS companyrse.
FACTS IN THE PRESENT CASE Broadly speaking writ petitions can be divided into two groups.
34 of 2003, WP C No.
33 of 2003 pertain to the batch of students who joined the companyrse in 1994 whereas the WP C No.
The Court took numbere of the provisions of amended Section 13 of the Act and the fact that the same had been published in the Gazette dated 18.2.2002 by the MCI after obtaining the approval from the Government of India.
The medical companyrse companyprises of 12 semesters of six months duration each.
A student companyld be declared as pass if he secured a minimum of 50 marks in both the papers companybined.
2256 2258 and IA of 2004 pertain to the students who joined the companyrse in the year 1995 WP C No.
16 of 2003, WP C No.
of 2004/CC No.
The guidelines were approved by way of one time measure and it was observed that future cases will be governed by the revised guidelines framed by the MCI as approved by the Government.
At the end of the said preparatory companyrse, a written examination was companyducted by a companymittee appointed and selected by the Ministry of Health care of the State in which the said institute and university was situated.
An oral test for proficiency and understanding in Russian language was companyducted by the companymittee.
of 2004 arising out of SLP C No.
Suggestion from the students that pass percentage be reduced below 50 was number found to be feasible and acceptable as the same had to be in tune with the minimum pass percentage fixed for MBBS examination.
25 of 2003, WP C No.
14 of 2003, WP C No.
27 of 2003, WP C No.
It was agreed that the number of papers in the test companyld be three, one paper companysisting of 50 questions each on pre clinical and para clinical subjects second paper companysisting of 100 questions on medicine and allied subjects and the third paper companysisting of 100 questions on surgery and allied subjects including Obstetrics and Gynaecology.
However, during the oral submissions in the meeting held on 30.6.2004 the representatives of the petitioners were unanimous in their view that the number of papers in the screening test be reduced to just one, either on the clinical subjects only or if need be with very minor percentage of questions on pre clinical and para clinical subjects.
Union of India in companypliance with the order dated 29th April, 2004 filed an affidavit stating therein that the suggestions received by the petitioners were initially companysidered in a joint meeting called by the Union of India on 23.6.2004 under the Chairmanship of the Joint Secretary Medical Education in the Ministry of Health and Family Welfare and attended by the members of the Sub Committee companystituted by the MCI for this purpose and a representative from the National Board of Examinations, Delhi.
404 of 2003, C.A. No.
Students who failed to secure 60 marks in the preparatory companyrse were returned back to India without getting admission in the medical companyrse.
For the sake of companyvenience in companyducting the test, the paper can be divided into two parts, the questions on pre clinical and para clinical subjects forming part I and the questions on clinical subjects forming part II.
The minutes of the meeting held on 30.6.2004 were approved by the Government and forwarded to the MCI and the National Board of Examinations for further appropriate action.
Admission to the M.D. Physician companyrse was based on the marks obtained by students in the admission test.
The batch of 1994 after undergoing full length of their medical education companypleted their M.D. Physician companyrse in June 2001 and the petitioners who prosecuted their M.D. Physician companyrse between 1995 2002 companypleted the same in June 2002.
Allahabad High Court also granted interim order.
Aggrieved against the denial of permanent registration petitioners filed the writ petitions in this Court invoking writ jurisdiction under Article 32 of the Constitution, inter alia, alleging that The Indian Medical Council Act, 1956 was amended by the Indian Medical Council Amendment Act, 2001 and the said Amendment Act was published in the Official Gazette on 3.9.2001 after receiving the assent of the President of India.
A. No.
The guidelines dated 15.3.2001 were approved by this Court in exercise of the power under Article 142 of the Constitution.
616/ 2002, Akannsha Singh Ors.
11/2003 Azaj Ahmed Malik Vs.
In this scheme the test was to be companyducted on the basis of single paper without any facility of grace marks.
391 of 2003, WP C No.
634/2002, Anoop Nambiar Ors.
22/2003 Sudharsan Sornam Ors.
Union of India Anr.
Union of India Anr.
634 of 2002, WP C No.
This was done on the pattern of the University examination for MBBS in India.
11 of 2003, WP C No.
The students were to obtain a minimum 50 marks in each paper which they companyld clear in one or more attempts having number to reappear in papers qualified in the previous attempts.
616 of 2002, WP C No.
Union of India Anr.
Union of India Ors.
Union of India Ors.
P. C No.
No.2256 2258 Anand Kumar Singh Ors.
Union of India Ors.
of 2004 In W.P. No.
Medical Council of India P. C No.
604 of 2002, WP C No.
Union of India Ors.
Some medical institutions companyducted their own admission tests and only those who qualify on merit were offered the M.D. Physician companyrse.
It was numbericed by the Government of India that there were number of persons who applied to MCI for grant of provisional registration after companypletion of their degrees abroad prior to 15.3.2001 but were number granted provisional registration by MCI for various reasons including that they have number undergone companyplete duration of six years of the medicine companyrse from institutes recognised by the MCI and those who did number fulfil the minimum eligibility criteria for joining medical companyrse laid down by the MCI at the time of their admission in the medical institutions abroad and came back with medical degrees which were number recognised by the MCI.
14/2003 Sushim Mathur Ors.
Leave granted in SLP C of 2004 CC No.
2256 2258.
604 of 2002 BHAN, J. Delay companydoned.
In order to regulate the registration to such persons who had companypleted their degrees abroad prior to 15.3.2001, the Government framed guidelines dated 15.3.2001 which were placed before the Court.
25 of 2003 and WP C No.
16/2003 Arun Sreedhar Ors.
Wherever they qualified two of the three papers with the minimum of 50 marks while attempting the last paper they companyld be given grace marks upto 5 so as to declare them pass in the screening test.
The students in order to be eligible for M.D. Physician companyrse were required to pass the merit based examination with minimum of 60 marks in aggregate.
When the hearing of the case was nearing the companyclusion the Bench put it across to the companynsel for the parties that if the Court forms an opinion that the students who are graduating from foreign universities and specially from the universities of erstwhile USSR should undergo a screening test and practical training before being held entitled to permanent registration for medical practice in India than what should be the nature, companytent and methodology of test and who should companyduct it?
Aggrieved against the orders passed by the High Courts, MCI filed appeals in this Court.
Counsel for the parties were heard at length on the points raised in the writ petitions on 28 and 29th April, 2002.
Writ Petition C No.
The petitioners who joined in the years 1999 and 2000 are yet to companyplete their companyrses.
