Srinagar: J&K High Court has ruled that it is immaterial and irrelevant to say that a medico having obtained degree abroad cannot be enrolled and registered as medical practitioner here for having got below 50 percent marks in 10+2 examination.
The ruling ensued a writ petition by certain aggrieved medicos who had got admission for MBBS in Kazakhstan in 2002 and successfully completed the course in 2009.
The aggrieved medicos had also qualified the screening test conducted by the Medical Council of India (MCI) but were declined Eligibility Certificates. The reason ascribed that their marks in 12th class examination were below 50 percent as required by the Council.
Justice M A Chowdhary while delivering his judgment in the case titled Dr. Abdul Rouf Bhat and others ruled “the aggrieved medicos had also passed the Screening test and it is now immaterial and irrelevant to say that the petitioners have got marks less by 1% or fraction thereof, as required in 10+2 examination”.
He directed the respondents especially the MCI (now ‘National Medical Commission) to “issue Eligibility Certificates in favour of the petitioners and resultantly enrol them and grant them registration as Medical Practitioners/Doctors, in terms of the rules governing the field, preferably within a period of four weeks.”
It is mentionable that eligibility Rules issued by MCI were not enforced strictly by it till the year 2008, when the petitioners were in advanced years of their completion of course in Kazakhstan. The petitioner medicos had also undergone a one year preparatory course in Kazakhistan equivalent to 10+2 of India before joining the MBBS.
The judge held “the High Court can exercise its jurisdiction under the Constitution of India and this jurisdiction of High Court, being extraordinary, is normally exercisable keeping in mind the principles of equity.”
After considering the arguments of the counsels for the parties he came to the conclusion “that after successfully completing the MBBS course and making the grade in the Screening test by the petitioners, it is now immaterial and irrelevant to say that the petitioners have got marks less by 1% or fraction thereof, as required in 10+2 examination”.
The admitted fact, the judge said, is the petitioners have spent valuable time of their youth, money and energy in pursuing the MBBS course and in preparation and appearing in the examination.
“But the delay on the part of the concerned authorities to take decision has led to a situation which has put them to immense disadvantage and would ruin their future career if their successful courses of MBBS are allowed to be wasted”, he said.
