Mandatory 50% Aggregate in Science Subjects for Foreign Medical Graduates Cannot Be Rounded Off or Waived

The Petitioner, a general category student, completed her 10+2 from the C.G. Board of Secondary Education in 2017, securing 49.67% aggregate marks in Physics, Chemistry, and Biology (PCB)

She subsequently obtained an MBBS degree from the International Higher School of Medicine, Kyrgyzstan, in 2022

When she applied for an eligibility certificate to sit for the Foreign Medical Graduate Examination (FMGE) screening test, the National Medical Commission (NMC) rejected her application via communication dated 04-12-2025

The rejection was based on her failure to meet the mandatory 50% aggregate mark requirement in PCB at the 10+2 level as prescribed by the Graduate Medical Education Regulations, 1997

Procedural history revealed that the Petitioner had previously submitted conflicting 10+2 certificates from different boards for the same academic year

1. Whether the 49.67% marks secured by the Petitioner in PCB subjects at the 10+2 level can be "rounded off" to 50% to satisfy eligibility criteria for the FMGE screening test

2. Whether the mandatory requirement of 50% aggregate marks in PCB at the 10+2 level for foreign medical graduates is arbitrary or ultra vires the Constitution of India

Clause 5(5)(i) of the Graduate Medical Education Regulations, 1997, which mandates that General Category candidates must obtain a minimum of 50% marks taken together in Physics, Chemistry, and Biology at the qualifying 10+2 examination

Section 13(4-A) of the Indian Medical Council Act, 1956 (and the successor National Medical Commission Act, 2019), which requires Indian citizens with foreign medical degrees to qualify for a screening test before registration

The Court followed the precedent of Yash Ahuja v. Medical Council of India, (2009) 10 SCC 313, which established that the screening test and eligibility requirements apply to all foreign medical institutions

Apurv Shankar v. Union of India, WP(C) No. 8069/2021 (Delhi High Court), which held that 50% marks in PCB are a non-negotiable prerequisite for the eligibility certificate

The Court reasoned that the 50% aggregate mark requirement is a statutory mandate that cannot be bypassed through "rounding off" or judicial sympathy

By applying the principle from Apurv Shankar, the Court emphasized that a candidate must be eligible for admission to an MBBS course in India (per the 1997 Regulations) to be entitled to sit for the FMGE screening test after returning from abroad

The Court found the Petitioner's aggregate of 49.67% to be factually below the threshold

Furthermore, the court noted serious discrepancies in the Petitioner's conduct, specifically the submission of two different 10+2 certificates from two different boards (Jharkhand and Chhattisgarh) for the same session (2017), which made her claim legally and factually suspicious

The Court dismissed the writ petition, refusing to grant any relief or allow the Petitioner to appear in the screening test, finding the rejection by the NMC to be strictly in accordance with the law