YASH AHUJA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) Leave granted in all the Special Leave Petitions.

(2.) The appellants in appeal arising out Special Leave Petition (C) No. 26777 of 2008 have challenged validity of common Judgment dated September 26, 2008 rendered by the High Court of Delhi in W.P.(C) No. 8056 of 2007 and other cognate petitions by which the prayer made by them to direct the Medical Council of India to grant forthwith the provisional as well as permanent registration to them, as they have acquired medical qualifications granted by the Manipal College of Medical Science, Pokhara, Nepal which are recognized by Medical Council of India, without insisting that they should qualify the screening test, is rejected.

(3.) In order to appreciate the controversy raised before this Court, it would be advantageous to notice certain facts, which are as under :- Earlier the medical education in India was governed by the provisions of Indian Medical Council Act, 1933. Thereunder also the Medical Council of India (MCI for short) was constituted on which certain powers were conferred and duties were imposed. However, with the passage of time, it was noticed that there was no representation to licentiate members of the medical profession nor there was provision :-