This petition was filed by the petitioner addressing his grievance that he had not been issued Eligibility Certificate from the Medical Council of India. The petitioner had applied for the issuance of Eligibility Certificate on 31.1.2017. It was communicated by the Medical Council of India on 21.04.2017 that he could not be issued the certificate. It was important for the petitioner to receive the Eligibility Certificate as he is pursuing his MBBS degree from a foreign medical institute. For the Eligibility Certificate to be issued, the petitioner was required to fulfil the eligibility criteria under the Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institute Regulations, 2002 and Graduate Medical Education Regulations, 1997.
The record shows that the petitioner did not take up Biology as his subject in XI and XII grade. It is further stated that since he did not have Biology as his subject, Medical Council of India refused to issue him an Eligibility Certificate saying that he was not eligible for admittance to MBBS course, either in India or abroad. Hence, his application was rejected under Clause 4(2) of the 1997 Regulations. It is further submitted by the counsel for petitioner that he sat for an exam in Botany and Zoology in 2016 and was issued a certificate for this by the Board of Intermediate Education, in the Andhra Pradesh. Permission in this regard was granted by the Secretary, Board of Intermediate Education.
The Court, held that the writ petition is disposed of and the petitioner be granted the Eligibility Certificate. The court also held that the petitioner shall be represented by his father (since he lives abroad) for issuance of the Eligibility Certificate and such representation shall be made within one week of the receipt of a copy of this order. On the other hand, Medical Council will dispose of the representation within two weeks from the date of receipt of the representation. The Court also added that if the petitioner is still aggrieved then he may take legal recourse appropriate as per the law.