PRASHANT KUMAR GUPTA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) THE petitioners before this Court took admission in Doctor of Medicine course of a foreign university, namely, Khazar University, at Baku in Republic of Azerbaijan. The first year of the said course was pursued by the petitioners at Sidhant Institute of Medical Services and Research, Pune, which was an off campus centre of Khazar University in India. They also obtained Eligibility Certificate from Medical Council of India which was necessary, in terms of ,,Eligibility Requirements for taking admission in undergraduate medical course in a Foreign Medical Institution Regulations, 2002, (hereinafter referred to as ,,Eligibility Regulations). The petitioners left for Baku in Azerbaijan on 29.10.2007, and completed their course in September, 2011. The petitioners were issued completion certificates and degree certificates by the Khazar University. It was also certified by the said University that the petitioners fulfilled the admission criteria of the University and thus successfully admitted to the said University. The petitioners appeared in a screening test conducted by National Board of Examination on 25.03.2012, in terms of Screening Test Regulations, 2002 and successfully passed the said screening test. The petitioners, thereafter, submitted applications seeking provisional registration under Section 25(1) of the Indian Medical Council Act, 1956 (hereinafter referred to as the ,,IMC Act). However, their applications for grant of provisional registration were rejected by MCI vide communication dated 26.09.2012. Being aggrieved from such rejection, the petitioners are before this Court seeking the following relief:

(2.) IN its counter affidavit, the respondent Medical Council of India has stated that since foreign universities are not permitted to establish campus in India, they had, by way of a public notice dated 15.08.2006 cautioned the members of the general public from seeking admission to the Universities which were offering study partly in India and partly in foreign universities. The attention of the members of the public was drawn to Section 10A of MCI Act which prohibits medical colleges from starting any medical course, which would enable student for the award of any recognized medical qualification, except with the previous permission of the Central Government. It was also stated in the said public notice that as per Regulation 9 of Screening Test Regulations, the eligibility certificate was valid only for the candidates who joined a medical institution outside India to obtain a primary medical qualification and for undergoing the screening test on return to India. It was further stated in the said public notice that the Eligibility Certificate could not be used by any student to join any institution in India which was not granted recognition by the MCI, on the pretext that the degrees were purportedly awarded by foreign universities. The students were cautioned that use of the Eligibility Certificate to enroll part of study in India and part of study abroad being not permitted, and such a use may result in the cancellation of the Eligibility Certificate by MCI, in accordance with the provisions of the Screening Test Regulations. It is also stated in the counter affidavit that on coming to know of Sidhant Institute of Medical Science and Research being run as an off shore campus of Khazar University, they had written a letter to the Dean/Principal of the said institute informing him that starting and running a medical institution in India, without prior permission of the Central Government under Section 10A of Medical Council Act, 1956, was illegal.

(3.) THE Provisional Certificate is being denied to the petitioners on the grounds that: