JUDGMENT
Vikramajit Sen, J.
1. The Petitioner has alleged that he qualified in the Intermediate/10+2 examination of the C.B.S.E. in 1992, but he had not secured over 50 per cent marks. He was thus ineligible to seek admission to a Medical College in India. He successfully completed the full-time 6 years course of Medical Science and was awarded Degree/Diploma in General Medicine from Kuben State Medical Academy (Russian Federation) in 1999. On 20.7.2001 he applied to the Medical Council of India (MCI) for provisional registration to pursue his Internship in India. This Application was rejected for the reason that the Petitioner had not secured 50 per cent marks in English, Physics, Chemistry and Biology in the CBSE. He thereupon filed CWP No. 6642/2001 which was disposed of in terms of the Judgment of the Hon’ble Supreme Court in Civil Appeal No. 2779/2002 entitled MCI v. Indian Doctors from Russia Welfare Association and Others, II . The following guidelines were passed in that case :
“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 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 under-graduate 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 and under-graduate 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.”
2. The Petitioner has stated that he was issued Provisional Registration Certificate under Section 25(2) of the Indian Medical Council Act, 1956 in May, 2003. In July, 2003 he applied for permanent registration with the MCI but this has not been granted.
3. In response it has been contended on behalf of the MCI that the Petitioner has not qualified in the Screening Test and, therefore, regardless of whether he has completed his Internship, he cannot be granted permanent registration by the MCI. In consonance with the Screening Test Requirements of the MCI, it is not permissible to grant registration to the Petitioner since he had applied for grant of permanent registration after 15.3.2001. The statements, which are contained in Paragraph 17 of the Reply of the MCI, have not been controverter and no Rejoinder has been filed.
4. The prayer in the Writ Petition reads thus :
“(A) an appropriate writ or directions be issued in the nature of mandamus or of any other appropriate nature whereby directing the respondents to accept the form of the petitioner for grant of permanent registration under the provisional of M.C.I. Act 1956″.
5. There is no room for arguments that this prayer cannot be granted in view of the paragraph 6 of the Indian Russian case (supra) extracted above. It was essential for the Petitioner to have applied before 15.3.2001 which he has admittedly done only on 20.7.2001. Thereafter the position is that he must have set for the Screening Test which he has not done.
6. The writ petition is without merit and is dismissed.