AI Structured Summary
Not yet generated for this judgment
Judgment
Honble Mr. Justice Muzaffar Hussain Attar, Judge
The petitioner sought admission in Kazakh State Medical University, in erstwhile USSR, in the year 1996 for undergoing Post Graduate
Medical Course, which, in India is called Under Graduate Medical Course. After successfully undergoing the said course, the petitioner was
awarded Degree of Medicine on 04th of July, 2002. The petitioner subjected himself to screening test in which he was declared to have qualified in
the year 2004. The petitioner applied to the Medical Council of India (MCI) for provisional registration u/s 13(3) of the Indian Medical Council
Act, 1956 ( for short Act of 1956), which was refused to him vide impugned communication bearing No. MCI-201(32/Regn./2004/26926 dated
20-01-2005 on the ground that he did not fulfill the minimum norms fixed by the MCI for undergoing medical course, in as much as, the petitioenr
had not qualified 10+2 examination but had only passed 11th class examination. Being aggrieved of the same, the petitioner filed this writ petition
seeking quashment of the said communication with further prayer that the respondents be directed to issue provisional registration certificate in his
favour.
On notice issued, respondents have filed reply affidavit, wherein it is reiterated that as the petitioner did not satisfy the minimum norms for
undergoing undergraduate medical course, the provisional registration certificate, was, accordingly, refused.
Heard learned counsel for the parties. Considered the matter.
In order to support the contentions raised in the pleadings, learned counsel for the parties referred to and relied upon judgement of the Hon'ble
Supreme Court in case titled Medical Council of India Vs. Indian Doctors from Russia Welfare Associations and Others, .
Learned counsel for the petitioner referred to paragraph 6(A)(ii) and (B) of the said judgement and submitted that the petitioner's case is
squarely covered by the judgement and that the petitioner has, wrongly, been denied the grant of provisional registration certificate by the MCI.
Learned counsel further submitted that the petitioner had sought admission for undergoing medical course in the year 1996 and was awarded the
degree on 04-07-2002 and that the Institute, which had awarded the said degree to the petitioner, is recognized by the MCI. Learned counsel
further submitted that the petitioner was permitted to take the screening test in view of the aforementioned judgement, though, he was not
possessed of minimum norms as fixed by the MCI in terms of Undergraduate Medical Education Regulations 2000. Learned counsel, therefore,
submitted that the writ petition deserves to be allowed.
Mr. Mushtaq, learned counsel for the MCI, while referring to Regulation (1) of the Undergraduate Medical Education Regulations 2000,
submitted that in order to be eligible for undertaking undergraduate medical course, a candidate has to have 10+2 degree in Physics, Chemistry
and Biology with 50% aggregate marks. He further submitted that as the minimum admission norms fixed by the MCI, are, admittedly, not fulfilled
by the petitioner, so he is not entitled to grant of provisional registration in law. 7. Paragraphs 6 (A)(ii) (B) & 7 of the judgement of the Hon'ble
Supreme Court referred to above are reproduced hereunder :
In order to regulate the grant of registration to such persons who have completed their degree abroad prior to March, 15, 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 15-03-2001 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 :
(ii) Where students who did not meet the minimum admission norms of MCI for joining undergraduate medical course were admitted to foreign
institutes recognized by MCI, this irregularity be condoned. In other words, the degree of such students be treated as eligible for registration with
MCI.
B. All students who have taken admission abroad prior to 15-03-2002 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 an undergraduate medical
course in India laid down by MCI, seeking provisional or permanent registration on or after 15-03-2002, shall be permitted to appear in the
screening test in relaxation of this requirement provided he had taken admission in an institute recognized by MCI. This relaxation shall be available
to only those students who had taken admission abroad prior to 15-03-2002. From 15-03-2002 and onwards all students are required to first to
obtain an eligibility certificate from MCI before proceeding abroad for studies in medicine.
In the special features and circumstances arising in these cases, it unnecessary to consider the various contentions urged on behalf of the parties,
but, we propose to dispose of these matters by approving the guidelines set forth above in exercise of powers under article 142 of the Constitution
and these guidelines will be applicable to all such persons who are similarly situated whether they are parties before this Court or not. In respect of
those who have already applied for registration to MCI, the same shall be granted or refused within a period of 15 days from today in terms of this
order. On grant of such registration, the students shall undergo the internship or the housemanship, if needed. It is made clear that these guidelines
approved by us are by way of one time measure. Future cases will be governed by the revised regulations framed by MCI as approved by the
Government.
Perusal of the paragraph (6) supra reveals that in order to regulate grant of registration to such persons who have completed their degree
abroad prior to March, 15, 2001, the guidelines were placed before the Hon'ble Supreme Court by the Government of India.
Clause (A) provided that all persons who applied for registration to MCI prior to 15-03-2002 were to be dealt with according to the provisions
of the Act as they existed prior to commencement of IMC (Amendment Act), 2001. Exceptions, however, were also provided. In sub para (ii) of
paragraph (6) aforementioned it was provided that the students who did not meet the minimum admission norms of MCI for joining undergraduate
medical course were admitted to foreign institutes recognized by MCI, this irregularity is to be condoned. It was further provided that the degree of
such students be treated as eligible for registration with MCI. In clause (B) of paragraph (6), it was provided that all students who have taken
admission abroad prior to 15-03-2002 and were 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 would come in the categories contained in A(ii) above as the
relaxation contained therein would also be applicable in their case. It was further provided that any person who at that point of time was
undergoing medical education abroad and did not conform to the minimum eligibility requirements for joining an undergraduate medical course in
India laid down by MCI, seeking provisional or permanent registration on or after 15-03-2002, shall be permitted to appear in the screening test in
relaxation of this requirement provided they had taken admission in a recognized institute. It was also provided that this relaxation would be
available to those students who had taken admission abroad prior to 15-03-2002.
Admittedly, the petitioner had taken admission in an institute in erstwhile USSR in the year 1996, viz. prior to 15-03-2002 and that the institute
which has awarded degree to him, is recognized by the MCI. The petitioner has also qualified the screening test in the year 2004. His case, thus, is
squarely covered by paragraphs 6(ii) & (B) of the judgement supra. The Hon'ble Supreme Court, at paragraph 7, had also approved the
guidelines set out in paragraph 6 of the judgement and it further directed that these guidelines would be available to all such persons who are
similarly situated irrespective of the fact as to whether they are parties before the Court or not. The MCI was, thus, dutybound to extend the
benefit of the judgement of the Hon'ble Supreme Court to the petitioner also.
Denial of provisional registration to the petitioner on the ground that he lacked minimum admission norms as fixed by the MCI is illegal and also
in violation of the judgement of the Hon'ble Supreme Court. The law laid down by the apex Court binds all in terms of article 141 of the
Constitution of India.
For the above stated reasons, this petition is disposed of in the following manner :
By issuance of writ of certiorari, impugned communication bearing No. MCI-201(32)/Regn./2004/26926 dated 20-01-2005, forming annexure
(F) to the writ petition is quashed. The respondents, more particularly, the MCI, is directed to consider claim of the petitioner for grant of
provisional registration or otherwise in terms of section 13(3) of IMCA, 1956, preferably within a period of four weeks from the date copy of this
order is served on them with further direction that the result of consideration shall be conveyed to the petitioner.
Disposed of along with CMPs.