Delhi HC FMG Eligibility Certificate

VERDICTUM.
IN
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Pronounced on: 4 June 2024
+ W.P.(C) 3356/2022 and CM APPL. 9804/2022

HEMICA RANI SINGH ..... Petitioner
Through: Mr. Sudhir Naagar and Mr.
Piyush Aggarwal, Advs.
versus
NATIONAL MEDICAL
COMMISSION & ANR. ..... Respondents
Through: Mr. Ripu Daman Bhardwaj,
CGSC with Mr. Kushagra Kumar, Advocate,
for UOI.
Mr. Tanoodbhav Singhdev, Mr. Bhanu
Gulati and Mr. Abhijit Chakravarty, Advs.
for R-1/NMC
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT
% 04.06.2024
W.P.(C) 3356/2022
The lis
1. The petitioner, who has passed her MD course from Davao

Medical School Foundation Inc. (DMSFI), Davao City, Philippines, in
2019, seeks to practice medicine in India, for which she has to appear
in the Foreign Medical Graduate Examination (FMGE) – also known
Signature Not Verified Signature Not Verified

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Digitally Signed By:AJIT Page 1 of 37 Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:05.06.2024 Signing Date:05.06.2024
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as the “Screening Test”. The petitioner applied to the National

Medical Commission (NMC), purportedly under Regulation 4(2)1 of
the Screening Test Regulations, 2002, for being issued an Eligibility
Certificate as would enable her to undertake the FMGE. Her
application for issuance of an Eligibility Certificate stands rejected by
the NMC by communication dated 27 November 2021 on the ground
that the petitioner joined the DMSFI in Philippines before completing
her schooling, which was not acceptable as per Regulations of the
NMC. The petitioner assails the said communication.
Facts
2. The petitioner was born in Philippines on 20 March 1995. Her

parents are Indians. She is an Indian citizen and the holder of an
Indian passport.
3. The petitioner completed her secondary schooling (equivalent

to Class X in India) from the Ateneo de Davao University, Matina,
Davao City, Philippines in 2010-2011.
1 4. Eligibility Criteria: No person shall be allowed to appear in the screening test unless:
(1) he/she is a citizen of India and possesses any primary medical qualification, either whose
name and the institution awarding it are included in the World Directory of Medical Schools,
published by the World Health Organisation; or which is confirmed by the Indian Embassy
concerned to be a recognised qualification for enrolment as medical practitioner in the country in
which the institution awarding the said qualification is situated;
(2) he/she had obtained ‘Eligibility Certificate’ from the Medical Council of India as per the
‘Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign
Medical Institution Regulations, 2002’. This requirement shall not be necessary in respect of Indian
citizens who have acquired the medical qualifications from foreign medical institutions or have
obtained admission in foreign medical institution before 15th March, 2002.
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4. No system of Senior Secondary School Education, equivalent to

Class X and Class XII in India, was prevalent in Philippines till 2016.
It is not disputed that the extant laws in Philippines, at the time when
the petitioner completed her secondary course from the Ateneo de
Davao University, required her to undergo a four year degree course
(known as “the BS course”) after her secondary schooling, in order to
be eligible for admission to a medical school.
5. The petitioner, accordingly, underwent the four year BS course

after having completed her secondary education from the Ateneo de
Davao University, from the San Pedro College, Davao City,
Philippines. The course spanned 2011 to 2015.
6. On clearing her BS course in 2015, the petitioner became

eligible for admission to the MD course in Philippines, which is a
Primary Medical Qualification (PMQ) in Philippines and is admittedly
equivalent to the MBBS qualification in India. She, therefore,
obtained admission to the DMSFI, which is a recognized medical
college as per Part II of the Third Schedule of the Indian Medical
Council Act, 1956 (“the IMC Act”). For this, the petitioner also had
to undergo the National Medical Admission Test (NMAT) in
Philippines and obtain the prescribed cut-off marks. She did so, and
was issued an Eligibility Certificate by the CHED (Commission of
Higher Education), Philippines, which is required for an Indian
student in Philippines to obtain admission to a medical course.

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7. The petitioner successfully completed her MD course from the

DMSFI in 2019.
8. While the petitioner thus pursuing her MD course, in 2016-

2017, the Government of Philippines introduced a two year K-12
program, to be undertaken by a student after secondary schooling.
Successful completion of the K-12 program resulted in the student
being awarded a Senior High School Diploma, which stands
recognized, by the Association of Indian Universities (AIU), as
equivalent to the Senior Secondary School Certificate (Class XII)
qualification in India.
9. The CHED issued a certificate on 8 November 2019, certifying

that, as the petitioner had cleared her secondary examination, and had
also undergone the four year BS course which, at the time, was
necessary for a student to obtain admission to a medical course in
Philippines, the petitioner was not required to undergo the K-12
program.
10. Nonetheless, in order to avoid complications and confusion and

by way of abundant caution, the petitioner also cleared the K-12
program, and was duly issued a certificate in that regard by the Davao
Jones Academy, Philippines.
11. Having passed her MD course from the DMSFI, Philippines,

the petitioner applied to the Medical Council of India (MCI), now
rechristened as NMC, for being issued an Eligibility Certificate in
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order to undertake the FMGE and be eligible to practice as a medical

professional in India.
12. The Board of Governors in supersession of the MCI (“the

BOG” hereinafter), which was the interim body which had replaced
the MCI before the NMC came into existence, wrote to the petitioner
on 30 December 2019, requiring the petitioner to provide her Class X,
Class XI and Class XII mark sheets, which were necessary for issuing
an Eligibility Certificate to the petitioner. The petitioner, in her
response dated 21 January 2020, pointed out that she was educated in
Philippines and that she had followed the education system in
Philippines from the time of her basic education till obtaining the MD
degree. She clarified that she had never been enrolled for admission
in India for any academic purpose. The response further pointed out
that, in Philippines, the prerequisites, for an Indian student to
undertake the MD course, were passing of secondary school,
undertaking the four year BS course thereafter, and obtaining the cut
off in the NMAT as set by the CHED. These requirements, it was
pointed out, had been met by the petitioner. That apart, though the
CHED had clarified that the petitioner was not required to undertake
the K-12 course as she had already cleared the four year BS course,
the petitioner, nonetheless, also undertook and completed the K-12
course. It was also submitted that the four year BS course included, in
it, Physics, Chemistry, Biology and English. As such, it was
submitted that the four year BS course was at least equivalent, if not
superior, to Class XI and Class XII in India. Thus, the petitioner
submitted that she possessed all necessary qualifications to be issued
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an Eligibility Certificate for participating in the FMGE.
13. On 11 June 2020, the BOG issued another communication to

the petitioner, requiring her to provide an AIU Certificate of
Equivalence and her Class XII marksheet reflecting the marks/grades
obtained by her in Physics, Chemistry, Biology and English.
14. The petitioner forwarded, to the NMC, an Equivalence

Certificate dated 19 September 2021 issued by the AIU, equating the
Senior High School Diploma obtained by the petitioner consequent to
undertaking and clearing the K-12 course with the 12 year Senior
Secondary School Certificate issued by the Central Board of
Secondary Education (CBSE).
15. The NMC, by the following communication dated 27

November 2021, rejected the petitioner’s application for issuance of
Eligibility Certificate on the ground that she joined medical school
before completing her schooling, which was not acceptable as per the
Regulations issued by the NMC:
“NATIONAL MEDICAL COMMISSION
Dear HEMICA RANI SINGH,
Your application R.15012/009193/2021-Regn has been rejected.

Kindly refer to the NMC comments: As per the records the
candidate has joined her medicine course in 2015. She has
completed her 10th in 2011 and 11th and 12th in 2020-2021. As she
has joined medical school before completing her schooling which
is not acceptable as per National Medical Commission, regulations.
Hence, the application is treated as rejected.

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Thank You!!2
NMC Support Team.”
16. Assailing the above communication, the petitioner has instituted

the present writ petition before this Court, seeking issuance of an
appropriate writ quashing it and setting it aside.
17. The NMC has filed a counter affidavit by way of response to

the writ petition. In the counter affidavit, it is acknowledged that the
AIU has, by the Equivalence Certificate dated 19 September 2021,
granted equivalence of the Senior High School diploma obtained by
the petitioner consequent to undertaking the K-12 course in
Philippines with 10+2 Senior School Certificate in India (SSC).
However, this certificate, it is asserted, can be of no avail to the
petitioner as the Senior High School diploma was obtained after the
petitioner had obtained her PMQ in Philippines, which was her MD
degree. Prior to undertaking her MD course, she had not obtained any
qualification which stands recognized by the AIU as equivalent to
10+2 in India. There is no such declaration of equivalence of the four
year BS course undertaken by the petitioner in Philippines, before
enrolling for the MD course with 10+2 in India.
Rival contentions
18. I have heard Mr. Sudhir Naagar, learned Counsel for the
petitioner and Mr. Tanoodbhav Singhdev, learned Counsel for the
2 One is given to wonder whether the two exclamation marks were intended to introduce an element of irony.
Perhaps the NMC would do better to punctuate its communications more appropriately.
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NMC, at length.
19. Inasmuch as case of the petitioner’s case stands adequately

distilled in the writ petition, I deemed it appropriate to call, in the first
instance, upon Mr. Singhdev to justify the impugned decision dated 27
November 2021.
Initial submissions of Mr. Singhdev
20. Mr. Singhdev took me to the Regulations of Graduate Medical

Education 1997 (“the GME Regulations”) issued by the MCI in
exercise of the powers conferred by Section 33 of the IMC Act, as
amended up to May 2018. Adverting to Regulation 4 of the GME
Regulation, Mr. Singhdev submits that, for a candidate who has
cleared her, or his, Class XII examination in India, to obtain admission
to an MBBS course, in India, she, or he, has to qualify the National
Eligibility-cum-Entrance Test (NEET), for which purpose, the
candidate has to satisfy the requirements envisaged in sub-regulations
(1)3 and (2) of Regulation 4. Regulation 4(2) specifies various
categories of qualifying examinations, the passing of which would
entitle a candidate to undertake the NEET for admission to an MBBS
course. Mr. Singhdev draws particular attention to sub clauses (a) and
(f) of Regulation 4(2)4. Sub clause (a) refers to a Higher Secondary
3 4. Admission to the Medical Course – Eligibility Criteria: No candidate shall be allowed to be

admitted to the Medical Curriculum proper of first Bachelor of Medicine and Bachelor of Surgery course
until he /she has qualified the National Eligibility Entrance Test, and he/she shall not be allowed to appear for
the National Eligibility-CumEntrance Test until:
(1) He/she shall complete the age of 17 years on or before 31st December of the year of
admission to the MBBS.
4 4(2) He/She has passed qualifying examination as under :-
(a) The higher secondary examination or the Indian School Certificate Examination which is
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examination or the Indian School Certificate Examination equivalent

to the 10+2 Higher Secondary Examination after 12 years of study, of
which the last two years of study should comprise Physics, Chemistry,
Biology/Bio-technology and Mathematics with English. Sub
regulation (f) also entitles a candidate, who has passed “any other
examination which, in scope and standard is found to be equivalent to
the intermediate science examination of an Indian University/Board,
taking Physics, Chemistry and Biology/Bio-technology including
practical test in each of these subjects and English” to be eligible to
undertake the NEET for admission to an MBBS course.
21. Mr. Singhdev submits that the qualifications envisaged by

Regulation 4 of the GME Regulations, which a candidate who desires
to obtain admission to an MBBS course in India has to satisfy, would
apply mutatis mutandis to an Indian citizen, who desires to join an
undergraduate medical course in any foreign medical institution on or
after 15 March 2002 by virtue of Regulation 35 of the Eligibility
Requirement for Taking Admission in an Undergraduate Medical
Course in a Foreign Medical Institution Regulations, 2002 (hereinafter
equivalent to 10+2 Higher Secondary Examination after a period of 12 years study, the last two
years of study comprising of Physics, Chemistry, Biology/Biotechnology and Mathematics or any
other elective subjects with English at a level not less than core course of English as prescribed by
the National Council of Educational Research and Training after the introduction of the 10+2+3
years educational structure as recommended by the National Committee on education;
Note: Where the course content is not as prescribed for 10+2 education structure of the
National Committee, the candidates will have to undergo a period of one year pre-professional
training before admission to the Medical colleges;
Or
*****
(f) Any other examination which, in scope and standard is found to be equivalent to the
intermediate science examination of an Indian University/Board, taking Physics, Chemistry and
Biology/Biotechnology including practical test in each of these subjects and English.
5 3. An Indian citizen, who has passed the qualifying examination either from India or an equivalent
examination from abroad and is desirous of joining an undergraduate medical course in any foreign medical
institution on or after 15thMarch, 2002 shall approach the Council for issue of an Eligibility Certificate for
that purpose.
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referred to as “the Eligibility Regulations”). He submits that

“qualifying examination” is defined in Regulation 2(f) of the
Eligibility Regulations as meaning “the examination to be qualified to
become eligible for admission in MBBS course in India as prescribed
in the Graduate Medical Regulations, 1997”.
22. If an Indian citizen desires admission to an MBBS course in

India, as already noted, she, or he, has to clear one of the qualifying
examinations envisaged in Regulation 4(2) of the GME Regulations.
These examinations would also, therefore, constitute “qualifying
examinations” for the purposes of the Eligibility Regulations, by
virtue of Regulation 2(f) thereof.
23. Juxtaposing this understanding of the expression “qualifying

examinations” into Regulation 3 of the Eligibility Regulations and
applying it to the facts of the present case, Mr. T. Singhdev submits
that, as the petitioner is an Indian citizen, she, before she joined the
MD course with the DMSFI, was required to have passed one of the
examinations envisaged in Regulation 4(4) of the GME Regulations or
an equivalent examination from abroad. As she has done neither, Mr.
T. Singhdev would submit that she was not eligible for admission to
the MD course in Philippines at the time when she obtained such
admission. In that view of the matter, he submits that the petitioner
cannot claim a right to be issued an Eligibility Certificate for
undertaking the FMGE to practice as a medical professional in India
on the basis of the MD degree obtained by her from the DMSFI
Philippines.
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Submissions of Mr. Sudhir Naagar
24. Responding to Mr. T. Singhdev’s submissions, Mr. Sudhir

Naagar, learned Counsel for the petitioner, relies on Regulation
4(2)(c)6 of the GME Regulations, under which a “pre-
professional/pre-medical examination with Physics, Chemistry and
Biology/Bio-technology”, undertaken “after passing either the higher
secondary school examination, or the pre-university or an equivalent
examination” and which includes “a practical test in Physics,
Chemistry, Biology/Bio-technology and also English as a compulsory
subject”, is regarded as a qualifying examination to entitle a candidate
to undertake the NEET for admission to an MBBS course in India.
25. In this context, he draws attention to clauses B and C of Public

Notice dated 22 November 2023 issued by the NMC, which
specifically contains clarifications with respect to Foreign Medical
Graduates (FMGs) who have obtained a PMQ from Philippines and
read thus:
“B- FMGs FROM PHILIPPINES
That with effect from 18.11.2021-i.e. with the publication FMGE

Regulation, 2021, NMC de-recognises BS Course in Philippines.
Hence those FMGs who were studying BS Course or had taken
admission in BS Course at the time of publication of FMGL
Regulation are not allowed.
6 4(2) He/She has passed qualifying examination as under :-

*****
(c) The pre-professional/pre-medical examination with Physics, Chemistry and Biology/Bio-
technology, after passing either the higher secondary school examination, or the pre-university or
an equivalent Examination. The pre-professional/pre-medical examination shall include a practical
test in Physics, Chemistry and Biology/Bio-technology and also English as a compulsory subject;
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However-FMGs having taken admission in MD Course on or

before 18.11.2021 are eligible to complete the course and
subsequently write FMG Examination in India. After qualifying
FMGE, these FMGs are required to undergo one year of internship
in order to compensate the deficiency in their training from parent
foreign medical college followed by CRMI after obtaining
provisional registration. (Since their course is of 48 months only
unlike 54 months MBBS course in India).
In case of break as mentioned under Situation II & III of Point A

above, then similar condition shall be applicable here
NOTE: THE DECISION TO INSISIT ON AN ADDITIONAL

YEARS OF CLERKSHIP IS BECAUSE THESE STUDENTS
LACK PROPER PLANNED TRAINING AND PRACTICAL
CLINICAL EXPOSURE FOR A LONGER PERIOD, IN THE
BEST INTEREST OF CITIZENS OF THE COUNTRY.
C. ISSUE OF ELIGIBILITY CERTIFICATE (EC) TO

FMGS/
Keeping in view the fact that several thousand Indian students who
have already commenced their pre-medical education, i.e., B.S.
course in / Philippines, or pre-medical/language courses in any
other foreign countries and that/Eligibility Certificate is required to
be granted on the criteria of age and marks in 10+2 as per Public
Notice dated 14th September, 2018 issued by the erstwhile Medical
Council of India and Order dated 27.09.2018 passed by the Hon'ble
High Court of Delhi at New Delhi in WP(c)No.8091/2018 and
connected matters, Indian Citizens/OCI who had not
registered/appeared/qualified NEET-UG 2018 & 2019, were
allowed to take admission in MBBS or equivalent medical course
in a medical university outside the country in the academic year
2018-19 and 2019-20. However, such candidates are required to
obtain/apply for an eligibility certificate from the Medical Council
of India u/s 13(4B) of the IMC Act, 1956.
Such candidates should furnish their admission record in BS or any

other pre-medical course/language course in the Foreign Countries
with their application for en Eligibility Certificate alongwith details
of travel including exit from India and entry back into India as well
as entry / exit in that Foreign Country. The same may be accepted
only on the basis of certified copies of passport wherein such
details are duly recorded. It may be further clarified that, the
present is a one-time exemption granted keeping in view the
peculiar facts and circumstances that have arisen and all those who
leave the Indian Shores for pursuing pre-medical/medical course
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for the academic year 2018-19 & 2019-20 shall be exempted from
the requirement of NEET-2018 &2019 in terms of the amendment
dated 01.03.2018 to the Screening Test Regulations, 2002 and
Eligibility Requirement for Taking Admission in an Undergraduate
Medical Course in a Foreign Medical Institution Regulation,
2002."
26. Mr. Naagar submits that, in clauses B and C of the Public

Notice dated 22 November 2023, the NMC has acknowledged that the
BS is a pre-medical examination. He submits that the marksheet of the
petitioner, consequent on undertaking the BS course, has been placed
on record with the writ petition, and that a perusal thereof would
reveal that the course includes Physics, Chemistry and Biology with
English. The BS, therefore, he submits qualifies as a “pre-medical
examination with physics, chemistry and biology”, undertaken by the
petitioner after passing the higher secondary school examination in
Philippines. He also relies on the stipulation contained in the Public
Notice dated 22 November 2023, to the effect that a FMG who has
obtained admission to the MD course on or before 18 November 2021
is eligible to complete the course and write the FMGE, subject to
having to undergo one year internship after qualifying the FMGE,
before being entitled to practice as a medical professional.
27. Mr. Naagar also relies on an earlier Public Notice dated 25

March 2022, also issued by the NMC, paras 2, 3 and 4 of which read
thus:
“2. It is observed that BS & MD course are two separate

degrees in Philippines. BS Course cannot be equated/included with
MBBS course. Therefore, after the publication of Gazette
Notification dated 18.11.2021 i.e. NMC's FMGL Regulations
2021, the students who have already taken admission for any
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foreign medical qualification/course which is not equivalent to the

MBBS Course in India, cannot be treated as eligible qualification
for registration to practice medicine in India. Whereas, the students
who have taken admission in MD course in Philippines prior to
FMGL Regulations 2021 can be considered subject to fulfilling
other prevailing eligibility criteria for registration.
3. Bridging BS Course is a course of Bachelor of Science for

candidates seeking to join courses in field of Science 85 Research
in Philippines, The said course comprises of subjects of Biology
similar to Class 11th & 12th in India. BS Course is the pre-medical
course in Philippines, after the completion of which the candidates
have to appear in the NMAT examination to seek admission in MD
Course (Graduate/Primary Medical Course being equivalent to
MBBS) which is of 4-year duration. The pattern is BS Course
followed by MD Course, however, in the said BS Course, the
candidates are not being taught pre-clinical subjects like Anatomy,
Biochemistry, Biophysics, Microbiology etc., rather they are being
taught subjects like Biology, Psychology etc. which is equivalent
to Class 12th in India. Hence, BS Course is a basic degree course
prior to the starting of Graduate/Primary Medical Course in
reference with Indian Education. The same does not even qualify a
candidate to be eligible for admission in MBBS course in India.
4 The Graduate Medical Education Regulations, 1997

prescribes that candidates mandatorily must qualify the NEET-UG
Examination for becoming eligible for counselling to be
considered for admission in MBBS course and that to appear in
NEET-UG, it is pre-condition that the candidates must have
studied in the last 2 years of his / her school education (Clans 11th
& 12) regular, simultaneous, co-terminus the subjects of Physics,
Chemistry & Biology. Thus, a candidate who has already
undergone the requisite studies in Class 11 & 12th in India and
thereafter qualified the NEET-UG, being the pre-requisite for
proceeding to a Foreign Medical Institute, shall not gain any
further knowledge by undergoing the BS Course, which seems to
be a mandatory course for obtaining admission to the
Graduate/Primary Medical Course in Philippines. The BS Course
in Philippines is a pre-requisite to appear in NMAT for admission
in MD Course (Graduate/Primary Medical Course being equivalent
to MBBS). Hence, the duration of the BS Course cannot be
counted in the duration of the Graduate/Primary Medical Course in
Philippines. Further, the regulations were not made/directed to any
particular country but to be universally applicable for all FMGs,
with sole objective of maintaining standard of education and
quality of doctors in India.”

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28. Mr. Naagar further submits that the petitioner is willing to

undergo the one year internship as required by the Public Notices
dated 25 March 2022 and 22 November 2023 issued by the NMC after
undertaking the FMGE, before being entitled to practice as a medical
professional.
Mr. Singhdev’s submissions in reply
29. Responding to Mr. Naagar’s reliance on Regulation 4(2)(c) of

the GME Regulations, Mr. T. Singhdev seeks to juxtapose the said
sub-regulation with Regulation 4(2)(a). He submits that an
examination, in order to qualify as a “pre-medical examination”, for
the purposes of Regulation 4(2)(c), has to be undertaken “after passing
either the higher secondary school examination, or the pre-university,
or an equivalent examination”. The BS examination undertaken by
the petitioner could not qualify as a pre-medical examination for the
purposes of Regulation 4(2)(c), as it was not undertaken after passing
a higher secondary school examination or any equivalent examination.
For this purpose, Mr. Singhdev relies on Regulation 4(2)(a), which
refers to a “higher secondary examination…..which is equivalent to 10
+2 higher secondary examination, after a period of 12 years study”.
The secondary school examination cleared by the petitioner in 2010-
2011, having not been preceded by 12 years’ study, and not having
been declared as equivalent to the 10+2 higher secondary
examination, he submits, that the BS course cannot qualify as a pre-
medical examination for the purposes of Regulation 4(2)(c).

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30. Mr. Singhdev also relies on Regulation 87 of the Eligibility

Regulations, and submits that, as per Regulation 8, the NMC has, at
the time of considering an application for issuance of an Eligibility
Certificate, to verify various details, one of which is whether the
candidate fulfills the Eligibility criteria for admission to an MBBS
course in India as prescribed in the GME Regulations. Regulation 98
clarifies that the Eligibility Certificate is to be issued only if, after
such verification, the candidate is found to fulfill the Eligibility
criterion.
31. In the context of these submissions, Mr. T. Singhdev seeks to

place reliance on paras 2, 3, 11 to 15, 19 and 21 of the judgment of the
Supreme Court in Kaloji Narayana Rao University of Health
Sciences v. Srikeerti Reddi Pingle9, as well as the judgment of the
Supreme Court in Rohinish Pathak v. Medical Council of India10 and
of a learned Single Judge in Iulha Malafeeva v. U.O.I.11.
7 8. The Council shall consider the application for Eligibility Certificate and verify the following details
as per the Regulations of the Council—
(i) Whether the candidate fulfills the age criterion prescribed by the Council?
(ii) Whether the candidate fulfills the eligibility criteria for admission to MBBS course in
India as prescribed in the Graduate Medical Education Regulations, 1997, i.e., minimum qualifying
marks criteria in Physics, Chemistry, Biology and English, including relaxed criteria in case the
candidate belongs to a reserved category?
(iii) If the candidate belongs to SC/ST/OBC, whether he/she has produced a caste certificate
from a Competent Authority?
8 9. After verification, as required, if the candidate is found to fulfill the eligibility criteria, the Council
shall issue an Eligibility Certificate in the prescribed format to the candidate certifying that he/she is eligible
to join a medical institution outside India to obtain a primary medical qualification. The certificate shall
indicate that on return after obtaining the foreign primary medical qualification, the candidate shall have to
undergo a screening test, subject to fulfillment of the conditions prescribed in the Screening Test Regulations,
2002, and that passing this test shall only entitle him to provisional/permanent registration by the Medical
Council of India or the State Medical Councils.
9 2021 SCC OnLine SC 94

10 2019 SCC OnLine SC 7324
11 Order dated 24 February 2023 in WP (C) 11034/2020
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32. Mr. Singhdev further submits that Public Notice dated 22

November 2023, issued by the NMC, on which Mr. Naagar places
reliance, stands superseded by Public Notice dated 7 December 2023,
Clauses 2 and 4 of which specifically deal with “issues related to
recognition of BS course” and read thus:
“2. ISSUES RELATED TO RECOGNITION OF BS COURSE
• Students who were studying BS Course or had taken

admission in BS course and were physically studying in
Foreign Medical Institute at the time of publication of
FMGL Regulation 2021 dated 18.11.2021 shall be
governed by old Screening Test Regulation, 2002 however
such students shall have to undergo additional one year of
internship as per CRMI Regulation, 2021.
• This shall be one time exemption specific to these

students only.
*****
4. ISSUE OF ELIGIBILITY CERTIFICATE (EC) TO FMGs
• Keeping In view the fact that several thousand

Indian students who have already commenced their pre-
medical education, i.e., B.S. course in Philippines or pre-
medical/language courses in any other foreign countries and
that Eligibility Certificate is required to be granted on the
criteria of age and marks in 10+2 as per Public Notice dated
14th September, 2018 issued by the erstwhile Medical
Council of India and Order dated 27.09.2018 passed by the
Hon'ble High Court of Delhi at New Delhi in
WP(c)No.8091/2018 and connected matters, Indian
Citizens/OCI who had not registered/appeared/qualified
NEET-UG 2018 & 2019, were allowed to take admission in
MBBS or equivalent medical course in a medical university
outside the country in the academic year 2018-19 and 2019-
20. However, such candidates are required to obtain/apply
for an eligibility certificate from the Medical Council of
India u/s 13(4B) of the IMC Act, 1956.
• Such candidates should furnish their admission

record in BS or any other pre-medical course/language
course in the Foreign Countries with their application for an
Eligibility Certificate alongwith details of travel including
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exit from India and entry back into India as well as entry /
exit in that Foreign Country. The same may be accepted
only on the basis of certified copies of passport wherein
such details are duly recorded. It may be further clarified
that, the present is a one-time exemption granted keeping in
view the peculiar facts and circumstances that have arisen
and all those who leave the Indian Shores for pursuing pre-
medical/medical course for the academic year 2018-19 &
2019-20 shall be exempted from the requirement of NEET-
2018 & 2019 in terms of the amendment dated 01.03.2018
to the Screening Test Regulations, 2002 and Eligibility
Requirement for Taking Admission in an Undergraduate
Medical Course in a Foreign Medical Institution
Regulation, 2002”
33. Mr. Singhdev submits that Clause 4 of the Public Notice dated
25 March 2022 recognises that BS is a pre-medical examination only
in Philippines. It cannot, therefore, be regarded as a “pre-medical
course” for the purposes of Regulation 4(2)(c) of the GME regulation.
34. Mr. Singhdev has also places reliance on Section 6 of the

Medical Act 1959 of Philippines, which reads thus:
“6. Minimum Required Course.- Students seeking admission

to medical course must have a bachelor/s degree in science or arts.
The medical course leading to the degree of doctor of medicine
shall be at least four years and shall consist of the following
subjects. Anatomy Physiology Biochemistry and Nutrition
Pharmacology Microbiology Parasitology Medicine and
Therapeutics Pathology Gynecology Ophthalmology Otology,
Rhinology and Laryngology Pediatrics Obstetrics Surgery
Preventive Medicine and Public Health Legal Medicine, including
jurisprudence. Medical Economics and Ethics. Provided, That the
Board is hereby authorized or modify or add to the subjects listed
above as the needs and demands of progress in the medical
profession may require.”
Mr. Singhdev seeks to point out that, as per Section 6 of the

Philippines Medical Act, a student who seeks admission to a medical
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course need have only a bachelor degree in arts. This, he submits,

would additionally indicate that a BS course cannot be equated to a
pre-medical course for the purposes of Regulation 4(2)(c) of the GME
Regulations. Mr. Singhdev also seeks to refer to the subjects
undertaken by the petitioner in the BS course, as per the marksheet
filed by the petitioner with her writ petition, to contend that it may not
qualify the description of a “Higher Secondary Examination” for the
purposes of Regulation 4(2)(c).
35. In conclusion, Mr. Singhdev cites, to support his submissions,

the judgments of the Supreme Court in Director, AIIMS v. Dr. Nikhil
Tandon12, Medical Council of India v. Indian Doctors from Russia
Welfare Association13 (paras 4 and 5) and Sanjeev Gupta v. UOI14,
the judgment of the Division Bench of this Court in Dr. Mahesh
Prakash Shinde v. UOI15 (paras 32 to 25) as well as the judgment of
learned Single Judges of this Court in Iulha Malafeeva.
Submissions of Mr. Naagar in rejoinder
36. Arguing in rejoinder, Mr. Naagar cites the judgments in

Jishalakshi Embrandiri v. Medical Council of India16 and of a
Division Bench of High Court of Madras in Ouwshitha Surendran v.
12 (1996) 7 SCC 741

13 (2002) 3 SCC 696
14 2005 1 SCC 45
15 2024 SCC OnLine Del 2287
16 200 (8) SLR 746
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National Medical Commission17 as well as paras 5, 9, 11, 19 and 21

of Shambhavi Sharma v. NBE18.
37. Mr. Naagar points out that, in Jishalakshi Embrandiri, this

court had taken into account the fact that the petitioner had taken
admission in the MBBS course abroad as per the eligibility conditions
prevailing there. The entitlement of the petitioner to have enrolled in,
and undertaken, the MS course from the DMSFI cannot, therefore, he
submits, be assessed on the basis of whether, with the said
qualifications, the petitioner could have secured admission to an
MBBS course in India.
38. Mr. Naagar further submits, in fact, a student who has

undergone a 10 + 2 course in India does not have to undergo the four
year BS course in Philippines before joining the MS course, and is
only required to undergo a two year BS course. This itself indicates
that the four year BS course is in no way inferior to the 10 + 2 course
in India. He relies, further, on the following FAQs put up by the
Indian Embassy in Philippines on its website and on the answer
thereto:
“Why do I need to do a BS course before joining the MD

course?
In Philippines the present education system for their nationals is 10

+ 4 where the school education finishes after ten followed by a BS
course for four years which is a degree course. After completion of
14 years they are admitted to MD course if he/she wishes to pursue
medicine. An Indian student who has studied in India under 10+2
system therefore needs to do the BS course before enrolling for
17 2024 (1) CTC 276

18 2011 I AD (Delhi) 382
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MD. However, some additional credits for the BS course are given
for +2 which the Indian student has done and the remaining credits
of the BS course have to be obtained during the three semesters
before he is granted a BS degree. There after he is eligible for MD
course. In short an Indian student does a BS + MD course of 1.5-2
yrs approx and 4years respectively. The system is expected to ease
out in the coming years as Philippines is switching over to 10+2
system.”
Submissions of Mr. Singhdev in surrejoinder
39. Mr. Singhdev, who was permitted to argue in surrejoinder, once

again draws attention to Regulation 3 of the Eligibility Regulations,
and emphasizes the words “or an equivalent examination from
abroad” figuring therein. In the absence of any certificate of
equivalence, declaring the BS examination as equivalent to the 10 + 2
examination in India, he submits, that the petitioner cannot be
regarded as having been eligible to enrol in the MD course in
Philippines, at the time she did so.
40. He also seeks to distinguish the judgments in Jishalakshi

Embrandiri, Ouwshitha Surendran and Shambhavi Sharma on
which Mr. Naagar placed reliance.
An additional aspect, noticed after judgment was reserved
41. While drafting the present judgment, this Court noticed that
Regulation 4(2) of the Screening Test Regulations seemed to indicate
that one of the pre-requisites for appearing in the Screening Test was
possession, by the candidate, of an Eligibility Certificate which she, or
he, “had obtained” as per the Eligibility Regulations. As this threw up
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the issue of whether the candidate could at all apply for an Eligibility
Certificate after having obtained the Primary Medical Qualification
from the foreign medical institution, both learned Counsel were
briefly heard on this aspect on 3 June 2024. After hearing learned
Counsel, the following order was passed on the said date:
“1. While the final judgment was in preparation, this Court

came across Regulation 4(2) of the Screen Test Regulations which
seemed to indicate that obtaining of Eligibility Certificate is a
requirement to be fulfilled prior to obtaining the admission to the
undergraduate course abroad and cannot be deferred to a later
stage.
2. As no detailed arguments on this were heard, learned

counsel have been briefly heard on this point.
3. Mr. Naagar, learned counsel for the petitioner, submits that

this issue is no longer res integra, in view of the judgment of the
learned Single Judge of this Court in Shambhavi Sharma which
has been followed by another learned Single Judge in Pawan
Kumar Gupta v. Medical Council of India19, which holds that, as
the relevance of the Eligibility Certificate is only at the stage of
undertaking the FMGE, a candidate can apply for obtaining the
Eligibility Certificate even after obtaining the undergraduate
medical qualification from abroad.
4. Mr. Singhdev, learned Counsel for the NMC submits that,

though the impugned order has not been passed on this ground, the
legal position is that the Eligibility Certificate has to be obtained
prior to seeking admission to the undergraduate programme abroad
and that this is one of the conditions which would determine the
entitlement of the candidate to practice medicine in India. He
relies on para 6(b) of the judgment of the Supreme Court in Indian
Doctors from Russia Welfare Association and the Division Bench
of this Court in Ishaan Kaul v Medical Council of India20 and in
Rohinish Pathak, against which the SLP was dismissed by the
Supreme Court.
5. As this aspect has been clarified just today, the judgment in

this matter would be pronounced tomorrow.”
19 2012 SCC OnLine Del 858

20 AIR 2010 Del 112
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Analysis
42. No occasion arises for this Court to enter into any of the aspects
which were argued, for the simple reason that the right to obtain an
Eligibility Certificate is available only prior to undertaking the
medical course from a Foreign Medical Institution and cannot be
deferred to any later stage and, in the absence of such an Eligibility
Certificate, a candidate cannot undertake the FMGE.
Section 13(4B) of the IMC Act
43. Learned Counsel for both sides are in agreement that Section
13 of the IMC Act applies to the facts of the present case. Sub-
section (4A)21 of Section 13 requires the candidate, who is a citizen of
India and obtains a PMQ from a foreign medical institution, to qualify
the FMGE in order to be enrolled on the Medical Register maintained
by the State Medical Council or the Indian Medical Register. Sub-
section (4B)22 further stipulates that such a citizen of India shall not be
eligible to get admission to obtain a PMQ granted by any medical
21 (4A) A person who is a citizen of India and obtains medical qualification granted by any medical
institution in any country outside India recognized for enrolment as medical practitioner in that country after
such date as may be specified by the Central Government under sub-section (3), shall not be entitled to be
enrolled on any Medical Register maintained by a State Medical Council or to have his name entered in the
Indian Medical Register unless he qualifies the screening test in India prescribed for such purpose and such
foreign medical qualification after such person qualifies the said screening test shall be deemed to be the
recognised medical qualification for the purposes of this Act for that person.
22 (4B) A person who is a citizen of India shall not, after such date as may be specified by the Central
Government under sub-section (3), be eligible to get admission to obtain medical qualification granted by any
medical institution in any foreign country without obtaining an eligibility certificate issued to him by the
Council and in case any such person obtains such qualification without obtaining such eligibility certificate,
he shall not be eligible to appear in the screening test referred to in sub-section (4A):
Provided that an Indian citizen who has acquired the medical qualification from foreign medical
institution or has obtained admission in foreign medical institution before the commencement of the Indian
Medical Council (Amendment) Act, 2001 shall not be required to obtain eligibility certificate under this sub-
section but, if he is qualified for admission to any medical course for recognized medical qualification in any
medical institution in India, he shall be required to qualify only the screening test prescribed for enrolment on
any State Medical Register or for entering his name in the Indian Medical Register.
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institution in a foreign country without obtaining an Eligibility

Certificate issued to him by the MCI. More importantly, for our
purpose, Section 13(4B) goes on to stipulate that, “in case any such
person obtains such qualification without obtaining such eligibility
certificate, he shall not be eligible to appear in the screening test
referred to in sub-section (4A)”.
44. In view of this concluding caveat in Section 13(4B), it is clear

that, as the petitioner is a citizen of India, and had obtained the MD
qualification from the DMSFI without obtaining the Eligibility
Certificate from the MCI, she is not eligible to appear in the FMGE.
Section 13(4B) does not, expressly or impliedly, envisage obtaining of
the Eligibility Certificate after obtaining the PMQ from the foreign
medical institution.
45. Allowing the petitioner to obtain the Eligibility Certificate from

the MCI/NMC at this stage, after she has already obtained the MD
qualification from the DMSFI would, therefore, do violence to Section
13(4B).
Regulation 4(2) of the Screening Test Regulations
46. Regulation 4(2) of the Screening Test Regulations, also uses the
expression “had” which refers to a period prior in point of time.
47. To my mind without rewriting the statute, it is impossible to

read Regulation 4(2) of the Screening Test Regulations as enabling a
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candidate to obtain an Eligibility Certificate after obtaining the PMQ

from abroad.
48. Regulation 4 sets out the eligibility criteria for a person to be

eligible to appear in the FMGE. Sub-regulation (1) of Regulation 4
requires the person to be a citizen of India and to possess a PMQ,
confirmed by the Indian Embassy to be a recognized qualification for
enrolment as a medical practitioner in the country from which the
PMQ was obtained. Sub-regulation (2), however, additionally
envisages that the person “had obtained” the Eligibility Certificate
from the MCI, as per the Eligibility Regulations. Thus, prior
obtaining of the Eligibility Certificate in terms of the Eligibility
Regulations is a sine qua non for a person who has, thereafter obtained
the PMQ from a foreign country, to appear in the FMGE.
49. The Eligibility Regulations are clear and categorical. They

envisage obtaining of an Eligibility Certificate only prior to joining
the medical course from the foreign institutions. Regulation 4 of the
Screening Test Regulations, read with sub-Regulation (2) thereunder,
clearly stipulates that “no person shall be allowed to appear in the
screening test unless “he/she had obtained ‘Eligibility Certificate’
from the Medical Council of India as per the ‘Eligibility Requirement
for taking admission in an undergraduate medical course in a Foreign
Medical Institution Regulations, 2002”. The Eligibility Regulations,
clearly, envisage obtaining of an Eligibility Certificate only prior to
taking admission in the medical course abroad, and not thereafter.

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They certainly do not permit obtaining of the Eligibility Certificate

after the course is undertaken and the PMQ obtained.
50. In fact, there is no provision in any Statute, Rule or Regulation

which permits application for an Eligibility Certificate after the
candidate has already obtained a PMQ from a Foreign Medical
Institution. The Eligibility Certificate has to be obtained prior to
joining the medical course abroad. If it is not obtained at that stage, it
cannot be obtained later. Regulation 4(2) of the Screening Test
Regulations do not permit a candidate to apply for an Eligibility
Certificate after having obtained the PMQ from the foreign medical
institution.
51. Though there are judicial authorities, on this issue, both ways,
the binding legal position is as stated above. If one were to advert, in
decreasing order of precedential preference, the decisions of the
Supreme Court, of Division Benches of this Court, and of Single
Judges of this Court, the following position emerges.
51.1. Indian Doctors from Russia Welfare Association
51.1.1. In Indian Doctors from Russia Welfare Association, the

Supreme Court was concerned with the plight of persons who had
obtained medical qualifications from colleges in the erstwhile USSR
and, after the disintegration of the USSR, faced difficulties in
obtaining admission to recognised colleges. Further difficulties, in the
matter of recognition of the qualifications obtained from such colleges
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by the MCI in India, so as to enable such students to practice medicine

here, also arose. The Supreme Court called upon the Government of
India to formulate an appropriate policy, keeping in mind the human
problem that had arisen. In response, Section 13 of the IMC Act was
amended in 2001, to cover such situations. In this context, the
Supreme Court noted, in paras 4 to 6 of the report, thus:
“4. Now, Section 13 of the Indian Medical Council Act, 1956

(hereinafter referred to as “the Act”) has been amended by Act 34
of 2001 which would cover situations as arising in the present
cases. The Regulations for conduct of the screening test and for
issue of Eligibility Certificate by MCI to the students proceeding
abroad for studies in Medicine have been approved by the
Government of India and sent to MCI. MCI has sent the same on
18-2-2002 to the Government of India Press for publication in the
Gazette and those Regulations, in brief, provide as follows:
(i) An Indian citizen possessing a primary medical

qualification awarded by any of the medical institutions
outside India and desirous of getting provisional or
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 the purpose of their registration in
India. A person seeking permanent registration shall not
have to qualify the screening test if he or she had already
qualified the same before getting his or her provisional
registration.
(ii) The primary medical qualification possessed by

the Indian citizen should be a recognised medical
qualification for enrolment as medical practitioner in the
country in which the institution awarding the said
qualification is situated.
(iii) Any Indian citizen who is desirous of taking

admission in an undergraduate medical course abroad on
or after 15-3-2002 shall have to obtain an Eligibility
Certificate from MCI stating that he or she fulfils the
minimum eligibility criteria laid down by MCI for
admission in MBBS course in India. He shall also have to
produce the same at the time of appearing in the
screening test, after completion of his degree abroad, for
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the purpose of obtaining registration in India.
5. Under the provisions of the Act a person has to

successfully complete compulsory internship of one year after
getting provisional registration and all persons who applied for
provisional registration and have to do the internship on or after
15-3-2001 will be required to qualify the screening test as per the
provisions of the Screening Test Regulations, 2002, as they would
become eligible for permanent registration on or after 15-3-2002,
that is, after successful completion of one year internship.
However, the Government noticed that there are a number of
persons who have applied to MCI for grant of provisional
registration after completion of their degree abroad prior to 15-3-
2001 and have not been granted provisional registration by MCI
for various reasons, such persons fall into the following
categories:
(a) those who did not undergo the complete duration

of six years of the medicine course from institutes
recognised by MCI;
(b) those who did not fulfil the minimum eligibility

criteria for joining medical course laid down by MCI at
the time of their admission in the medical institutions
abroad, particularly in the erstwhile States of USSR; and
(c) those who came back with medical degrees which

are not recognised by MCI.
6. In order to regulate the grant of registration to such

persons who have completed their degree abroad prior to 15-3-
2001, the following guidelines are placed before this Court by the
Government of India:
(A) The case of all persons who applied for

registration to MCI prior to 15-3-2001 shall be dealt with
according to the provisions of the Act as existing prior to
the commencement of the IMC (Amendment) Act, 2001
subject to the following:
(i) Those students who obtained degrees

where the total duration of study in recognised
institutions is less than six years (i.e. where a part
of the study has been in unrecognised institutions,
or the total length of study in a recognised
institution is short of six years), shall be granted
registration by MCI provided that the period of
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shortfall is covered by them by way of additional

internship over and above the regular internship of
one year. In other words, for such categories of
students, the total duration of study in a recognised
institution plus the internship, would be seven
years, which is the requirement even otherwise.
(ii) Where students who did not meet the

minimum admission norms of MCI for joining
undergraduate medical course, were admitted to
foreign institutes recognised by MCI, this
irregularity be condoned. In other words, the
degrees of such students be treated as eligible for
registration with MCI.
(B) All students who have taken admission abroad

prior to 15-3-2002 and are required to qualify the
screening test for their registration as per the provisions of
the Screening Test Regulations, 2002 shall be allowed to
appear in the screening test even if they also come in the
categories of circumstances contained in (A)(ii) above, as
the relaxation contained therein would also be applicable
in their case. In other words, any person at present
undergoing medical education abroad, who did not
conform to the minimum eligibility requirements for
joining an undergraduate medical course in India laid
down by MCI, seeking provisional or permanent
registration on or after 15-3-2002 shall be permitted to
appear in the screening test in relaxation of this
requirement provided he had taken admission in an
institute recognised by MCI. This relaxation shall be
available to only those students who had taken admission
abroad prior to 15-3-2002. From 15-3-2002 and onwards
all students are required to first obtain an Eligibility
Certificate from MCI before proceeding abroad for
studies in Medicine.
(C) The categories of students not covered in (A)(i)

and (ii) above and whose entire period of study has been
in a medical college not recognised by MCI, will be
allowed to appear in the screening test for the purpose of
their registration provided they fulfil all the conditions
laid down in the IMC (Amendment) Act, 2001. In other
words, the qualification obtained by them must be a
qualification recognised for enrolment as medical
practitioner in the country in which the institution
awarding the same is situated and they must be fulfilling
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the minimum eligibility qualification laid down by MCI

for taking admission in an undergraduate medical course
in India. They shall not be entitled to any relaxation.”
(Emphasis supplied)
51.1.2. Thus, in para 4(iii) of the decision, the Supreme Court

held that, as per the Eligibility Regulations, any Indian citizen,
desirous of taking admission in an undergraduate medical course
abroad on or after 15 March 2002, has necessarily to obtain an
Eligibility Certificate from MCI, and that the said certificate,
obtained prior to taking admission in the medical course abroad,
would have to be produced at the time of appearing in the screening
test, undertaken after obtaining the PMQ from abroad, for obtaining
registration in India. Para 4(iii), therefore, clearly holds that the
Eligibility Certificate, which is to be produced by the candidate for
appearing in the FMGE and subsequent registration in India, is the
Eligibility Certificate obtained prior to joining the medical course
abroad. This clearly militates against obtaining their Eligibility
Certificate after having completed the medical course abroad,
resulting in the award of the PMQ. To repeat, para 4 (iii) of the
decision requires the Eligibility Certificate to be obtained by the
candidate prior to undertaking the medical course abroad, and
produced by the candidate before undergoing the FMGE and
subsequent registration in India.
51.1.3. In para 7 of the report, the Supreme Court approved the

guidelines placed before it by the Central Government, in exercise of
the jurisdiction vested in it by Article 142 of the Constitution of India,
and went on to hold that these guidelines would be applicable to all
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such persons similarly situated, irrespective of whether they were

parties before the Supreme Court, or not. In the concluding sentence
of para 7, the Supreme Court directed that future cases would be
covered by the revised Regulations framed by the MCI as approved by
the government. In the concluding sentence in para 6(B) of the
judgment, the Supreme Court directed that, “from 15-3-2002 and
onwards all students are required to first obtain an Eligibility
Certificate from MCI before proceeding abroad for studies in
Medicine”. Thus, the Supreme Court reiterated that the Eligibility
Certificate was to be obtained by the student before joining the
medical course abroad.
51.1.4. The prayer of the petitioner in the present writ petition

essentially reverses this scheme of things. The petitioner never
obtained the Eligibility Certificate before joining the MD course in
DMSFI. Having failed to obtain the Eligibility Certificate at that
stage, the petitioner now seeks, after having obtained the MD
qualification from the DMSFI, to obtain the Eligibility Certificate.
The cart is, therefore, sought to be placed before the proverbial horse.
To my mind, this is not permissible.
51.2. Ishan Kaul
51.2.1. This judgment, rendered by a Division Bench of this

Court and authored by Sanjiv Khanna, J. (as he then was) also dealt,
specifically, with Section 13(4A) and (4B) of the IMC Act, as is noted
in the opening para 2 of the decision. Adverting to the said
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provisions, which were introduced in the IMC Act by the Indian

Medical Council (Amendment) Act, 2001, the Division Bench of this
Court observed, in para 10 of the report, thus:
“10. The amendments introduced statutory basis and

requirement that an Indian citizen who has obtained medical
qualification from outside India will be granted registration by
MCI to practice modern scientific medicine in India provided (a)
he had obtained eligibility certificate from MCI that he was
eligible to take admission in any foreign country to study medicine
and (b) he has cleared the post degree screen test prescribed.”
(Emphasis supplied)
51.2.2. Para 20 of the report clarifies the legal position beyond

any pale of doubt:
“20. In view of the above reasoning, it is held that a citizen of

India is entitled to study and possess any primary medical
qualification in any institute mentioned in Regulation 4 of
Screening Test Regulations. Such institute/university need not be
recognized and authorized by MCI. A candidate must also satisfy
the eligibility requirements mentioned in the Eligibility
Regulations and obtain an eligibility certificate from MCI before
he proceeds abroad to take admission in a foreign
university/college for possessing primary medical qualification.
Screening Test Regulations have to be complied with. The appeal
and the writ petition are accordingly allowed to the extent stated
above. No costs.”
(Emphasis supplied)
51.2.3. The Eligibility Certificate has, therefore, necessarily to

be obtained by the student before joining the medical course abroad.
If she, or he, fails to do so, the chance is lost. The decisions in Indian
Doctors from Russia Medical Association and Ishan Kaul do not
permit, to the student, a second bite at the cherry, to apply for the

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Eligibility Certificate after undertaking the medical course abroad

and obtaining the PMQ as a consequence.
51.3. Rohinish Pathak
In a similar vein, paras 8 and 9 of the judgment in Rohinish Pathak,

also rendered by a Division Bench of this Court, hold as under:
“8. The requirements of these Regulations, read together, are

that an overseas qualified candidate could be permitted to practice
medicine in India only if he/she (a) had qualified to be admitted to
an MBBS degree course in India, (b) obtained an eligibility
certificate under the ERR prior to taking admission in a foreign
medical institution, and (c) cleared the screening test under the
STR after abstaining his foreign qualification. The provisions of
the STR and ERR have been noticed in detail by the Supreme
Court in Sanjeev Gupta v. U.O.I.23 and Yash Ahuja v. Medical
Council of India24.
9. It is evident from Regulation 3, read with Regulation 2(f),

of the ERR that the petitioner's claim for an eligibility certificate
can be granted only if he was qualified to be eligible for admission
to an MBBS course in India, in terms of the GMER. Regulations 5,
8(ii), 9 and 10 of the ERR indicate the mandatory nature of the
eligibility criteria prescribed therein. They empower the MCI to
investigate the correctness of the eligibility information supplied
by the candidate, verify the same, and provide for the eligibility
certificate to be issued only if the said criteria are satisfied.”
(Emphasis supplied)
52. The petitioner, therefore, does not even have a right to apply for
an Eligibility Certificate, not having obtained an Eligibility Certificate
before joining the MD Course in the DMSFI.
23 (2005) 1 SCC 45
24 (2009) 10 SCC 313
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53. Mr. Naagar, learned counsel for the petitioner has also not been
able to draw my attention to any provision which entitles the
petitioner to apply for an Eligibility Certificate after having obtained
the MD qualification from the DMSFI and before undertaking the
FMGE in India. He, however, relies on paras 5, 9, 11, 19 and 21 of
the judgment of a learned Single Judge of this Court in Shambhavi
Sharma, which has been followed in paras 13 and 14 of a Co-ordinate
Bench in Pawan Kumar Gupta.
54. It is true that Shambhavi Sharma and Pawan Kumar Gupta

hold that it makes no difference whether the Eligibility Certificate is
applied for, before joining the foreign medical institution or after
obtaining the PMQ from the said institution. Judicial discipline,
however, require me to follow the precedents in Indian Doctors from
Russia Welfare Association, rendered by the Supreme Court, and in
Ishan Kaul and Rohinish Pathak, rendered by the Division Bench of
this Court, in preference to the decisions in Shambhavi Sharma and
Pawan Kumar Gupta. The Special Leave Petition preferred against
the decision in Rohinish Pathak was also dismissed by the Supreme
Court as devoid of merit.
55. Moreover, a reading of the decisions in Shambhavi Sharma

and Pawan Kumar Gupta reveal that neither Bench was informed of
Indian Doctors from Russia Welfare Association or of Ishan Kaul,
though both were rendered prior in point of time.
A caveat, before parting

WP(C) 3356/2022
HARI SHANKAR
13:21:04 13:20:19
VERDICTUM.IN
56. I am bound by the judgment of the Supreme Court in Indian

Doctors from Russia Welfare Association and the decisions of the
Division Bench of this Court in Ishan Kaul and Shambhavi Sharma,
as well as the statutory dictate contained in Section 13(4B) of the IMC
Act, all of which envisage obtaining of the Eligibility Certificate
before joining the medical course abroad, and stipulate it as a pre-
condition for the candidate to be eligible to appear in the FMGE for
practicing in India as a medical professional. I have, therefore,
reluctantly had to hold that the Eligibility Certificate cannot be
obtained after the candidate has obtained the PMQ from abroad.
57. At the same time, it appears that the NMC has been granting
Eligibility Certificates to students who did not obtain such certificates
before joining the medical course abroad and had applied for the
Eligibility Certificate after obtaining the PMQ from the foreign
institution, provided, according to the NMC, they were eligible for
having been issue the Eligibility Certificate before they joined the
medical course abroad. One may well imagine the plight of a student,
such as the petitioner, who was educated entirely in Philippines, and
who obtained her MD degree as per the law applicable in Philippines,
being told, on returning to India and applying for an Eligibility
Certificate to attempt the FMGE, that it is too late. If the NMC is,
therefore, entertaining the request of such a student for grant of
Eligibility Certificate on merits, it is a wholesome dispensation, but,
unfortunately, is contrary to Section 13(4B) of the IMC Act and
Regulation 4(2) of the Screening Test Regulations. As a court of law,
WP(C) 3356/2022
HARI SHANKAR
13:21:04 13:20:19
VERDICTUM.IN
I find it difficult to affix my judicial seal of approval to this course of

action.
58. The executive may, however, be well advised to consider

whether the IMC Act should be amended, or suitable changes
introduced in the Screening Test Regulations particularly in
Regulation 4 thereof, as would permit issuance of an Eligibility
Certificate to a student who has obtained the PMQ from abroad
without, in the first instance, having been issued an Eligibility
Certificate before joining the foreign medical course, and who is
otherwise found fulfilling the requirements for grant of Eligibility
Certificate.
Conclusion
59. Following the above discussion, as the petitioner never applied

for the Eligibility Certificate before joining the MD course in the
DMSFI, and in view of Section 13(4B) of the IMC Act and
Regulation 4(2) of the Screening Test Regulations, read with the
judgments in Indian Doctors from Russia Welfare Association,
Ishan Kaul and Rohinish Pathak, I am constrained to hold that the
petitioner was required, in law, to obtain the Eligibility Certificate
before joining the MD course in DMSFI and, having not done so, is
ipso facto ineligible to appear in the FMGE or register as a medical
practitioner in India.

WP(C) 3356/2022
HARI SHANKAR
13:21:04 13:20:19
VERDICTUM.IN
60. In view of the above, I do not deem it necessary to enter into

any other submission advanced at the bar.
61. The writ petition is accordingly dismissed with no orders as to

costs.
C.HARI SHANKAR, J
JUNE 4, 2024
rb/dsn/yg
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WP(C) 3356/2022
HARI SHANKAR
13:21:04 13:20:19

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VERDICTUM.

+ W.P.(C) 3356/2022 and CM APPL. 9804/2022

1. The petitioner, who has passed her MD course from Davao

Signature Not Verified Signature Not Verified

as the “Screening Test”. The petitioner applied to the National

2. The petitioner was born in Philippines on 20 March 1995. Her

3. The petitioner completed her secondary schooling (equivalent

4. No system of Senior Secondary School Education, equivalent to

5. The petitioner, accordingly, underwent the four year BS course

6. On clearing her BS course in 2015, the petitioner became

Signature Not Verified Signature Not Verified

7. The petitioner successfully completed her MD course from the

8. While the petitioner thus pursuing her MD course, in 2016-

9. The CHED issued a certificate on 8 November 2019, certifying

10. Nonetheless, in order to avoid complications and confusion and

11. Having passed her MD course from the DMSFI, Philippines,

order to undertake the FMGE and be eligible to practice as a medical

12. The Board of Governors in supersession of the MCI (“the

an Eligibility Certificate for participating in the FMGE.

13. On 11 June 2020, the BOG issued another communication to

14. The petitioner forwarded, to the NMC, an Equivalence

15. The NMC, by the following communication dated 27

“NATIONAL MEDICAL COMMISSION

Dear HEMICA RANI SINGH,

Your application R.15012/009193/2021-Regn has been rejected.

Signature Not Verified Signature Not Verified

NMC Support Team.”

16. Assailing the above communication, the petitioner has instituted

17. The NMC has filed a counter affidavit by way of response to

19. Inasmuch as case of the petitioner’s case stands adequately

Initial submissions of Mr. Singhdev

20. Mr. Singhdev took me to the Regulations of Graduate Medical

3 4. Admission to the Medical Course – Eligibility Criteria: No candidate shall be allowed to be

examination or the Indian School Certificate Examination equivalent

21. Mr. Singhdev submits that the qualifications envisaged by

referred to as “the Eligibility Regulations”). He submits that

22. If an Indian citizen desires admission to an MBBS course in

23. Juxtaposing this understanding of the expression “qualifying

Submissions of Mr. Sudhir Naagar

24. Responding to Mr. T. Singhdev’s submissions, Mr. Sudhir

25. In this context, he draws attention to clauses B and C of Public

“B- FMGs FROM PHILIPPINES

That with effect from 18.11.2021-i.e. with the publication FMGE

6 4(2) He/She has passed qualifying examination as under :-

However-FMGs having taken admission in MD Course on or

In case of break as mentioned under Situation II & III of Point A

NOTE: THE DECISION TO INSISIT ON AN ADDITIONAL

C. ISSUE OF ELIGIBILITY CERTIFICATE (EC) TO

Such candidates should furnish their admission record in BS or any

26. Mr. Naagar submits that, in clauses B and C of the Public

27. Mr. Naagar also relies on an earlier Public Notice dated 25

“2. It is observed that BS & MD course are two separate

foreign medical qualification/course which is not equivalent to the

3. Bridging BS Course is a course of Bachelor of Science for

4 The Graduate Medical Education Regulations, 1997

Signature Not Verified Signature Not Verified

28. Mr. Naagar further submits that the petitioner is willing to

Mr. Singhdev’s submissions in reply