MBBS Admissions: Delhi High Court Dismisses Challenge To Regulations By Aspirant Who Pursued 'Biology' Separately 11 Yrs After PCM Schooling

The Delhi High Court has dismissed a writ petition challenging the Graduate Medical Education Regulations 1997 as ultra vires and violative of the New Education Policy 2020, insofar as it requires an aspirant to have studied Physics, Chemistry, Biology and English together at 10+2 level.

The bench comprising Chief Justice Satish Chandra Sharma and Justice Saurabh Banerjee was dealing with the plea of a candidate who had cleared his 10+2 back in 2010 with subjects Physics, Chemistry and Maths, and after obtaining a degree in engineering and masters in management, transgressed his career path to medicine.

Petitioner Nishkarsh Singh Patel qualified in Biology from UP Board in 2021 and appeared for NEET, whereby he was granted provisional allotment letter. Subsequently, an issue was raised as to whether his qualification in Biology from a different Board could be considered for MBBS admission. At this juncture, the National Medical Commission (NMC) informed that he is not eligible since he had failed to fulfil the minimum eligibility criteria laid down in the 1997 Regulations.

Whereas Patel claimed that stipulation to complete PCB together is violative of NEP, unconvinced, the Court said,

“As the Petitioner has not passed the subject in Biology in Class 11th and 12th Examinations as regular/ continuous/ co-terminus/ simultaneously with other prescribed subject i.e. Physics, Chemistry and English, he does not fulfill the conditions as required for admission to MBBS Course under the Regulations, 1997...The Petitioner except for making a bald statement that the Regulations, 1997 are in contravention of new Education Policy, 2020 has not been able to demonstrate before this Court as to how the Regulations, 1997 are violative of the New Education Policy, on the contrary new Education Policy, 2020 at Clause No. 18.3 categorically provides that the Policy would exclude medical and legal education.”

The court ruled that the Regulations of 1997 framed by the Medical Council of India under the Indian Medical Council Act, 1956, are binding and mandatory in respect of the admissions to be made to the MBBS Course.

The court remarked that in light of the Regulations, a candidate is compulsorily required to undergo “regular, co-terminus/ simultaneous teaching and training” in the subject of Physics, Chemistry and Biology in his/her Higher Secondary Education (10+2), in order to be eligible to participate in the selection process for admission for MBBS Course. Further, the last 2 years of Study (Class 11th and 12th) must comprise of the said subjects along with practicals.

“The Regulations, 1997 also provide that the candidate aspiring to join MBBS Course is certainly required to pass Senior Secondary Examination with Physics, Chemistry, Biology and English. It is also mandatory for a candidate to obtain 50% in the subjects of Physics, Chemistry and Biology and pass English as one of the compulsory subjects,” the bench added.

The court referred to the Supreme Court’s judgment in Kaloji Narayana Rao University of Health Sciences vs. Srikeerti Reddi Pingle & Ors., (2021), where the top court was dealing with Regulation 4(2) of the 1997 Regulations. The Supreme Court in the said case had held that Regulation 4(2) requires that a candidate should have passed 10+2 levels with Physics, Chemistry, Biology/Bio-technology.

Case Title: Nishkarsh Singh Patel vs National Medical Commission & Ors.

Citation: 2023 LiveLaw (Del) 738

Dated: 21.08.2023

Counsel for the Petitioner: Mr. Sandeep Bhalla, Advocate.

Counsel for the Respondents: Mr. Ripu Daman Bhardwaj, CGSC for Respondent/ UOI. Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr. Bhanu Gulati, Mr. Tanishq Srivastava, Mr. Aabhas Sukhramani, Ms. Anum Hussain & Ms. Ramanpreet Kaur, Advocates for Respondent No.1/ (NMC).

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(Edited by Akshita Saxena)