SUSHIL KUMAR Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) ORAL : Section 13 (4A) of the Indian Medical Council Act, 1956 (hereinafter referred to as the 'said Act '), which came to be inserted w.e.f. 3.9.2001 to the extent it is relevant provides that an Indian citizen who obtains medical qualification from an institute in any other country recognised for enrolment as medical practitioner in that country shall not be entitled to be enrolled with any State Medical Council unless he qualifies the screening test prescribed in India for this purpose and the foreign medical qualification shall be deemed to be recognised medical qualification for the purposes of the said Act only after he qualifies the said screening test. Sub-section (4B) of Section 13 of the said Act, to the extent it is relevant, provides that an Indian citizen shall not be eligible to take admission to obtain medical qualification from any medical institution in any foreign country, without obtaining an eligibility certificate from the Medical Council of India (for short 'MCI '). It further provides that in case the qualification is obtained without such eligibility certificate he shall not be eligible to appear in the screening test referred to in sub-section (4A) of Section 13 of the said Act.

(2.) REGULATION 8 of the Eligibility Certificate Regulations, 2002 (hereinafter referred to as the 'said Regulations ') framed by the MCI in exercise of the powers conferred upon it by Section33 of the said Act, reads as under:

(3.) ON completion of their course in the above Universities/Institutes of China the petitioners applied to the MCI for grant of the eligibility certificate in terms of the said Regulations. Vide communication dated 29.8.2012, the petitioner in WP (C) No.6126/2012 was informed as under: