CASE NO.:
Appeal (civil) 2779 of 2000
PETITIONER:
MEDICAL COUNCIL OF INDIA
Vs.
RESPONDENT:
INDIAN DOCTORS FROM RUSSIA WELFARE ASSOCIATIONS & ORS.
DATE OF JUDGMENT: 08/03/2002
BENCH:
S.Rajendra Babu, K.G. Balakrishnan & P. Venkatarama Reddi
JUDGMENT:
[WITH C.A. Nos. 2808/2000, 2809/2000, 2811-2863/2000, 2787-2803/2000, 2804-2807/2000,
2810/2000, 2782-2786/2000, T.P. (C) No. 103/2000
and W.P. (C) No. 215/2001]
J U D G M E N T
RAJENDRA BABU, J. :
CIVIL APPEAL NOS. 2779/2000, 2808/2000, 2809/2000,
2811-2863/2000, 2787-2803/2000, 2804-2807/2000,
2810/2000, 2782-2786/2000
Writ Petitions were filed in different High Courts by persons who
had undergone courses in medicine in medical colleges in the
erstwhile USSR. After disintegration of USSR, their admissions ran
into difficulties either not having studied in recognised colleges or
partly in recognised and partly in non-recognised colleges or they had
not completed their courses in full. The Medical Council of India (for
short ‘MCI’) also entertained serious doubts as to the genuineness of
some courses undergone by various students, thus leading to
difficulties on the question of recognising their degrees and their
registration as Medical Practitioners. MCI took the stand that when
their initial admission in non-recognised institution could not be
accepted, their transfer to recognised colleges subsequently cannot be
of any benefit. MCI also passed various types of orders either during
the pendency of the proceedings before the courts or otherwise in
relation to recognition of the degrees or registration of such persons as
practitioners. The Delhi High Court allowed those writ petitions and
granted reliefs to the concerned doctors which orders stood affirmed
on appeal, while Allahabad High Court granted interim order, which
stood affirmed on appeal MCI is in appeal before us.
Several contentions have been raised in support of the orders
under appeal and opposing them. In fact, this Court also made an
interim order on April 17, 2000.
This Court, while hearing this matter on different occasions,
made the observations in the best interest of all concerned that the
Government of India should formulate an appropriate policy bearing
in mind the human problem arising in relation to the doctors in
question.
Now, Section 13 of the Indian Medical Council Act, 1956
[hereinafter referred to as 'the Act'] has been amended by Act No. 34
of 2001 which would cover situations as arising in the present cases.
The Regulations for conduct of the screening test and for issue of
Eligibility Certificate by the MCI to the students proceeding abroad for
studies in medicine have been approved by the Government of India
and sent to the MCI. The MCI has sent the same on 18.2.2002 to the
Government of India Press for publication in the Gazette and those
Regulations, in brief, provide as follows :-
(i) An Indian citizen possessing a primary medical qualification
awarded by any of the medical institutions outside India
and desirous of getting provisional or permanent
registration with the Medical Council of India or any State
Medical Council on or after 15.3.2002 shall have to qualify
a Screening test conducted by the prescribed authority for
the purpose of their registration in India. A person seeking
permanent registration shall not have to qualify the
Screening test if he or she had already qualified the same
before getting his or her provisional registration.
(ii) The primary medical qualification possessed by the Indian
citizen should be a recognised medical qualification for
enrolment as medical practitioner in the country in which
the institution awarding the said qualification is situated.
(iii) Any Indian citizen who is desirous of taking admission in an
undergraduate medical course abroad on or after 15th
March, 2002 shall have to obtain an Eligibility Certificate
from the MCI stating that he or she fulfils the minimum
eligibility criteria laid down by the MCI for admission in
MBBS course in India. He shall also have to produce the
same at the time of appearing in the Screening test, after
completion of his degree abroad, for the purpose of
obtaining registration in India.
Under the provisions of the Act a person has to successfully
complete compulsory internship of one year after getting provisional
registration and all persons who applied for provisional registration
and have to do the internship on or after 15.3.2001 will be required to
quality the screening test as per the provisions of the Screening Test
Regulations, 2002, as they would become eligible for permanent
registration on or after 15.3.2002, that is, after successful completion
of one year internship. However, the Government noticed that there
are a number of persons who have applied to the MCI for grant of
provisional registration after completion of their degree abroad prior to
15.3.2001 and have not been granted provisional registration by the
MCI for the various reasons, such persons fall into following
categories :-
(a) Those who did not undergo the complete duration of six
years of the medicine course from institutes recognised by
MCI;
(b) Those who did not fulfil the minimum eligibility criteria
for joining medical course laid down by MCI at the time of
their admission in the medical institutions abroad,
particularly in the erstwhile States of USSR; and
(c) Those who came back with medical degree which are not
recognised by the MCI.
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
15.3.2001 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 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 undergraduate 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 an undergraduate 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.
(C) The categories of students not covered in A(i) & (ii) above and
whose entire period of study has been in medical college not
recognised by MCI, will be allowed to appear in the Screening test
for the purpose of their registration provided they fulfil all the
conditions laid down in the IMC (Amendment) Act, 2001. In other
words, the qualification obtained by them must be qualification
recognised for enrolment as medical practitioner in the country in
which the institution awarding the same is situated and they
must be fulfilling the minimum eligibility qualification laid down
by MCI for taking admission in an undergraduate medical course
in India. They shall not be entitled for any relaxation.
In the special features and circumstances arising in these cases,
it is 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 situate 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.
The orders of the High Courts shall stand displaced by this
order and these appeals shall stand disposed of accordingly. Any
proceeding pending in any High Court relating to these matters shall
stand withdrawn to this Court and disposed of in the same terms as
aforesaid.
W.P. (C) No. 215/2001
The writ petition will stand disposed of accordingly.
T.P. (C) No. 103/2000
Writ petition filed in the High Court is withdrawn and disposed
of in the same terms as aforesaid.
.J.
[ S. RAJENDRA BABU ]
.J.
[ K.G. BALAKRISHNAN ]
.J.
[P. VENKATARAMA REDDI ]
MARCH 8, 2002.
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