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4. On completion of the medical course from Osh State University (Kyrgyz Republic), the petitioner returned to India and applied for the FMGE Screening Test which was scheduled to be conducted on 30.09.2012. The petitioner was issued an admit card to appear for the screening test to be conducted by the National Board of Examination (respondent no. 3 herein). The petitioner took the screening test, however, the result of the petitioner was withheld as the petitioner was ineligible for taking the said examination on account of his not having completed the entire undergraduate medical course from one university. The petitioner had migrated to Osh State University from Smolensk for completion of his last two years undergraduate medical course and, thus, in terms of the impugned regulation, the petitioner was ineligible to take the Screening Test held in terms of the Screening Test Regulations, 2002.

7. It is contended on behalf of the petitioners that the impugned regulation has been introduced w.e.f. 16.04.2010 and, thus, cannot be given any retrospective effect. The petitioners had commenced their undergraduate medical course from foreign institutions prior to 16.04.2010 and consequently, applying the impugned regulation in their cases would amount to implementing the impugned regulation with retrospective effect. It is further contended that the eligibility certificate issued to the petitioners also did not have any condition which restricted their migration from one institution to another for completing their undergraduate medical course. In the aforesaid circumstances, introducing an additional restriction in respect of the petitioners who had proceeded overseas prior to 16.04.2010 and acted on the basis of the un-amended Screening Test Regulations, 2002 would be arbitrary and unreasonable.

10. The learned counsel appearing for the MCI (respondent no. 2) submitted that import of impugned regulation is that it would be impermissible for any person to shift colleges after 16.04.2010. It is further submitted that the purpose of the impugned regulation is to restrict candidates from shifting colleges in order to ensure that the integrity of the course undertaken by a student is maintained. Different universities are likely to have structured their course curriculum differently and migration of students from one institution to another was likely to undermine the standard of education. It is urged on behalf of the MCI that the impugned regulation was introduced to ensure better standards for medical practitioners in India. In response to the contentions raised by the petitioner that the impugned regulation was beyond the power delegated to the MCI, it was submitted on behalf of the MCI that Section 33 of the Act empowers MCI to frame regulations to carry out the purpose of the Act and the power to make regulations with respect to the Screening Tests referred to in section 13(4A) of the Act cannot be restricted to merely providing modalities for conducting screening test but would also extend further for the general purpose of the Act. It was, thus, contended that power to make regulations would include power to make regulations for ensuring that standards for being enrolled as medical practitioners in India are maintained. The learned counsel appearing for the MCI has also drawn our attention to the decision of the Supreme Court in Union of India & Anr. v. Azadi Bachao Andolan & Anr.: (2004) 10 SCC 1 in support of his contention that the validity of a delegated legislation ought to be tested with reference to the purpose of the principal statute.

15. Subsequently, further reports were received that there was a perceptible decline in the academic standards of the Russian Medical Institutions who had continued to admit Indian students sponsored by private agencies. The MCI also found that many students from India were being admitted to undergraduate courses, in countries which formed a part of the erstwhile USSR, who would otherwise not be eligible for securing admission in medical degree courses on account of having secured less than 50% marks in the Higher Secondary Examination or on account of not having Biology as a subject at the 10+2 level. In addition, there were certain students who had completed the initial course in unrecognized institutions and had migrated to recognized institutes for completing the later part of their medical course. Some students had obtained medical degrees by undergoing a course of less than six years.