2002 JTR(SC) 337
2002 AIR(SC) 1565 ; 2002 AIR(SCW) 1461 ; 2002 AllLJ 964 ; 2002 2 AWC 1120 ; 2002 2 JT 589 ; 2002 2 Scale 521 ; 2002 3 SCC 696 ; 2002 2 SCT 344 ; 2002 2 SLR 633 ; 2002 1 UJ 646 ; 2002 2 UPLBEC 1161 ; 2002 KHC 1218 ; 2002 2 Supreme 27902
2002(2) Supreme 279
SUPREME COURT OF INDIA
(From Allahabad High Court)
S. Rajendra Babu, K.G. Balakrishnan & P. Venkatarama Reddi, JJ.
Medical Council of India -Appellant
versus
Indian Doctors from Russia Welfare Associations & Ors. -Respondents
Civil Appeal No. 2779 of 2000
With
C.A. Nos. 2808, 2809, 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
Decided on 8-3-2002
Counsel for the Parties :
For the Appearing Parties : Altaf Ahmed, Additional Solicitor General, Raju Ramachandran, M.L. Verma, Sunil Kumar, Sr. Advocates, Mahinder Singh, Advocate (N.P.), Navin Prakesh, Rahul Singh, Vikas Singh, Yunus Malik, Prashant Choudhary, Manoj Goel, S. Roy, Brij Bhushan, Ms. Rekha Pandey, Ms. Sunita Sharma, D.S. Mahara, Ramesh Babu M.R., Pradeep Misra, Ms. Binu Tamta, Prem Malhotra, Pavan Kumar, Devender Singh, B. Parthasarthy, Alok Agarwal, Ms. Manjula Gupta, Ashok Kumar Upadhyay, S. Prasad Singh, G. Prakash, Ms. Meenakshi Arora, Surya Kant, U.N. Goyal, Varun Goswami Naving Chawla, Ms. Kirti Sinha, Ugra Shankar Prasad, Manish Mohan, Gautam, K.J. John, P. Venugopal, P.S. Sudheer and K.J. John, Advocates.
Act
Referred
:ALL INDIA INSTITUTE OF MEDICAL SCIENCES ACT : S.13
CONSTITUTION OF INDIA : Art.142
MEDICAL COUNCIL ACT : S.13
(A) The dispute involves recognition of foreign medical qualifications under Section 13 of the Medical Council of India Act, 1956, read with the Indian Medical Council (Amendment) Act, 2001 and the Screening Test Regulations, 2002, framed under Article 13 of the now-repealed Act and Article 142 of the Constitution. The amendments introduced a one-time relaxation for Indian citizens who had pursued medicine abroad prior to 15 March 2002 and were affected by non-recognition or incomplete duration issues, mandating a Screening Test for registration while allowing eligible candidates to apply for provisional or permanent registration under specified transitional guidelines. These provisions aim to regulate and streamline the registration of such medical practitioners without prejudice to future cases governed by revised MCI regulations.
(B) Key legal principles include exercise of extraordinary powers under Article 142 to formulate transitional guidelines, non-retroactive application of amended regulations with reasonable relaxation, and balancing public interest in healthcare with individual rights of doctors. The Court emphasized that guidelines are one-time measures and future cases shall be governed by updated MCI regulations.
Facts of the case:
Foreign medical graduates from erstwhile USSR who had incomplete, unrecognised, or partially recognised medical degrees faced denial of provisional or permanent registration by the Medical Council of India on grounds of non-recognition of their institutions or failure to meet minimum eligibility norms. Writ petitions were filed in High Courts seeking relief, leading to varied orders. The Government formulated Screening Test Regulations and eligibility guidelines, which this Court examined and approved as a balanced solution.
Findings of Court:
The Court observed that the Government should formulate a policy in the best interest of the doctors. It approved the regulatory framework, including transitional relaxation for those admitted before 15 March 2002, subject conditions such as clearing the Screening Test and completing a one-year internship. The Court directed MCI to dispose of pending applications within 15 days and made the guidelines applicable to all similarly situated persons.
Issues:
Whether foreign medical graduates affected by recognition and eligibility issues are entitled to registration under a one-time regulatory framework, and whether guidelines issued under Article 142 can provide relief while preserving the integrity of medical education standards.
Ratio Decidendi:
The Court held that while the amended Act and Screening Test Regulations provide the primary framework for registration, Article 142 enables the Court to issue transitional guidelines to address legacy cases, balancing individual rights and public interest by allowing eligible candidates to appear for the Screening Test and complete internship for registration, subject to conditions.
Result:
The appeals are disposed of with the guidelines approved as a one-time measure. Pending High Court proceedings are withdrawn, and registration authorities are directed to dispose of eligible applications within 15 days, subject to compliance with Screening Test and internship requirements.
(A) The dispute involves recognition of foreign medical qualifications under Section 13 of the Medical Council of India Act, 1956, read with the Indian Medical Council (Amendment) Act, 2001 and the Screening Test Regulations, 2002, framed under Article 13 of the now-repealed Act and Article 142 of the Constitution. The amendments introduced a one-time relaxation for Indian citizens who had pursued medicine abroad prior to 15 March 2002 and were affected by non-recognition or incomplete duration issues, mandating a Screening Test for registration while allowing eligible candidates to apply for provisional or permanent registration under specified transitional guidelines. These provisions aim to regulate and streamline the registration of such medical practitioners without prejudice to future cases governed by revised MCI regulations.
(B) Key legal principles include exercise of extraordinary powers under Article 142 to formulate transitional guidelines, non-retroactive application of amended regulations with reasonable relaxation, and balancing public interest in healthcare with individual rights of doctors. The Court emphasized that guidelines are one-time measures and future cases shall be governed by updated MCI regulations.
Facts of the case:
Foreign medical graduates from erstwhile USSR who had incomplete, unrecognised, or partially recognised medical degrees faced denial of provisional or permanent registration by the Medical Council of India on grounds of non-recognition of their institutions or failure to meet minimum eligibility norms. Writ petitions were filed in High Courts seeking relief, leading to varied orders. The Government formulated Screening Test Regulations and eligibility guidelines, which this Court examined and approved as a balanced solution.
Findings of Court:
The Court observed that the Government should formulate a policy in the best interest of the doctors. It approved the regulatory framework, including transitional relaxation for those admitted before 15 March 2002, subject conditions such as clearing the Screening Test and completing a one-year internship. The Court directed MCI to dispose of pending applications within 15 days and made the guidelines applicable to all similarly situated persons.
Issues:
Whether foreign medical graduates affected by recognition and eligibility issues are entitled to registration under a one-time regulatory framework, and whether guidelines issued under Article 142 can provide relief while preserving the integrity of medical education standards.
Ratio Decidendi:
The Court held that while the amended Act and Screening Test Regulations provide the primary framework for registration, Article 142 enables the Court to issue transitional guidelines to address legacy cases, balancing individual rights and public interest by allowing eligible candidates to appear for the Screening Test and complete internship for registration, subject to conditions.
Result:
The appeals are disposed of with the guidelines approved as a one-time measure. Pending High Court proceedings are withdrawn, and registration authorities are directed to dispose of eligible applications within 15 days, subject to compliance with Screening Test and internship requirements.
JUDGMENT
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 course 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.
2. 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.
3. 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.
4. 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.
5. Under the provisions of the Act a person has to successfully complete compulsory intership 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.
6. 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.
7. 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.
8. 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.
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Parallel Citations of other Journals :
Medical Council of India v. Indian Doctors From Russia Welfare Associations & Ors., 2002(2) Supreme 279 : 2002(2) JT 589 : 2002(1) SCSLJ 222 : 2002(2) SLR 633 : (2002) 3 SCC 696 : 2002(10 UJ (SC) 646 : AIR 2002 SC 1565.
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