Delhi HC relief for doctor who studied medicine in USSR, did not clear Class 12 exam

The Delhi high court recently granted relief to a Kashmiri medical practitioner whose registration with Delhi Medical Council (DMC) was denied on the ground that he could not clear his Class 12 examinations and studied medicine in erstwhile USSR.

Sheikh Bilal Bashir had moved HC against the communication from the state medical council claiming that he had appeared in the Class 12 examinations conducted by Jammu and Kashmir State Board of School Education in 1993, but they were cancelled on the ground of mass copying at the centre where he had taken his exam.

However, he did not appear for reexamination due to insurgencies and therefore, left the state to pursue medical studies in the former USSR.

The petitioner thereafter took admission for pursuing MD physician course in 1994 from the university recognised under the Medical Council Act.

The petitioner returned to India and interned with Government Medical College and Hospital, Jammu, from May 2002 to June 2003.

After completing his internship, the petitioner left for Riyadh in Saudi Arabia and worked as a resident doctor from August 2005 to April, 2013.

He returned to India in 2013 and undertook the screening test examination for foreign medical graduates conducted by the National Board of Examinations as per Screening Test Regulations, 2002, held in June, 2014.

The results of the said screening test were declared on August 5, 2014. The petitioner states that thereafter he approached DMC and submitted his application for the purpose of registration as a medical doctor.

However, the DMC refused to accept the petitioner's application on the ground that he did not qualify in the 10 + 2 examination and was thus ineligible for registration.

Praveen Khattar, counsel appearing for DMC, countered the submission made on behalf of the petitioner and contended that clearing 10 + 2 examination was an essential condition for undergoing higher studies and the petitioner had failed to clear his Class 12 examinations.

Setting aside the DMC's decision, Justice Vibhu Bakhru relied on the guidelines issued by Supreme Court to deal with similar cases which said a candidate would be entitled for being enrolled as a medical practitioner if he had applied for such registration prior to March 15, 2001, notwithstanding that he did not meet the minimum admission norms of MCI.