The Under Graduate Medical Education Board, an autonomous body under the National Medical Commission, issues this Public Notice to address widespread queries, representations, and pending court cases related to significant issues detailed below.
Background:
The erstwhile Medical Council of India, through the Regulations on Graduate Medical Education, 1997, and subsequent amendments, had governed the admission and selection to the MBBS course. This included a requirement for candidates to undergo two years of regular, continuous, or coterminous study in Physics, Chemistry, Biology/Biotechnology during Class 11th and 12th, along with practicals and English. The said study was mandated to be completed in regular schools, not open schools or as private candidates. Further, the study of Biology/Biotechnology or any other requisite subject could not be pursued as an additional subject after passing Class 12th.
Legal Challenges:
The aforementioned provisions were challenged and subsequently stopped by the Hon’ble Delhi High Court in judgments dated 11.05.2018 (Anshul Aggrawal Vs. Union of India & Ors.) and 17.08.2017 (Tanishq Gangwar & Ors. Vs. Union of India & Ors.).
Impact on Foreign Medical Courses:
The decisions had a consequential impact on candidates seeking admission to Graduate/Primary Medical Courses in Foreign Medical Institutes due to Statutory Regulations in this regard, including the Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002, and the Screening Test Regulation, 2002.
NEET-UG Debarment:
In this backdrop, candidates were debarred from the NEET-UG Test, and their applications seeking Eligibility Certificates were rejected.
New Regulations:
Subsequently, on 02.06.2023, the National Medical Commission framed the Graduate Medical Education Regulations, 2023. Regulation 11(b) now stipulates that candidates who have passed 10+2 or its equivalent with the subjects of Physics, Chemistry, Biology/Biotechnology & English shall be eligible for appearing in NEET-UG. As a result, the earlier Regulations on Graduate Medical Education, 1997, along with various amendments, stand repealed prospectively.
Revisiting Approach:
The National Medical Commission, in its meeting held on 14.06.2023, after considering the New Education Policy and its flexibility in the study of various subjects in Class 12th, decided to revisit the previous approach. Candidates are now permitted to undertake the study of requisite subjects (Physics, Chemistry, Biology/Biotechnology along with English) even as additional subjects after passing Class 12th from duly recognized boards by the concerned Government. Such candidates are allowed to appear in NEET-UG Test and are also eligible for the grant of an Eligibility Certificate.
Retrospective Applicability:
The present decision is applicable retrospectively to candidates whose applications for the grant of Eligibility Certificate were rejected based on the grounds outlined in this public notice. However, for the purpose of appearing in NEET-UG, candidates who become eligible after the date of this public notice shall be permitted to appear in NEET-UG-2024.
Resolution of Court Cases:
Court cases filed by MCI/NMC in this regard shall be withdrawn, and the current position with this public notice shall be explained in all pending litigations filed by candidates against MCI/NMC for swift resolution.
Approval:
This notice is issued with the approval of the competent authority.
