Delhi High Court- Naveen Sharma v. Medical Council of India and Anr. & Dr.Sunita Kumari v. Union of India and Ors

Appellant after completing his 10+2 underwent six years medical education in a medical university in Bulgaria, recognized by MCI, and was awarded degree in medicine in 2004. He applied for provisional registration under section 13(3) of Indian Medical Council Act, which was refused without assigning any reason. He filed Writ Petition for issuing directions to Respondents to grant provisional registration under Medical Council Act. Writ Petition was dismissed on the grounds that he did not obtain 50% marks in aggregate in Physics, Chemistry and Biology in +2 examination and was not 17 years of age when he joined medical university in Bulgaria. Hence, the present appeal. Respondent contended that Appellant was not covered by the relaxation granted by the Supreme as the Appellant has two disabilities and hence guidelines issued by Supreme Court granting exemption to students who do not meet minimum admission norms were not applicable to the Appellant. It was held that all students who had taken admission abroad prior to 15th March 2002 are allowed to appear in the screening test, if they can be granted exemption. Supreme Court has not stated in the said directions that students who do not meet one minimum eligibility norm prescribed by the Medical Council of India, will be granted exemption and students who do not meet more than one eligibility norm, will not be granted exemption.

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