ANURADHA SAINI Vs. UNION OF INDIA

JUDGEMENT

(1.) In all these writ petitions, a common question namely vires of the Indian Medical Council (Amendment) Act, 2001 is involved. FACTS:

(2.) The petitioners are studying MD Physician Degree from Odessa Pirogove Medical University, Ukraine (hereinafter referred to as 'the Ukraine University'). The degree of MD granted by the Ukraine University is recognised by the Medical Council Act and allegedly is considered to be equivalent to MBBS degree awarded in India. The petitioners joined the said courses of studies in the year 1995-96. The courses they were required to undergo were one year's preparatory course and six years regular course, the last year being considered to be that of internship. According to the petitioners, they at the time of joining the said course, were governed by the provisions of law and the rules and regulations prevailing at the relevant time in terms whereof upon completion of the said course, they would have become entitled to provisional registration in terms of Section 25 of the Medical Council of India Act (hereinafter called for the sake of brevity "the Act") without any requirement to comply with any further test.

(3.) By reason of the Indian Medical Council (Amendment) Act, 2001 in terms whereof, inter alia, Section 13 (4A) has been inserted, they have, however, been made liable to appear in a screening test.