MEDICAL COUNCIL OF INDIA Vs. PRASHANT KUMAR GUPTA

JUDGEMENT

(1.) This intra court appeal impugns the judgment dated 30th September, 2013 of the learned Single Judge of this Court in W.P.(C) No.6452/2012 preferred by the respondent no.1 (respondent no.2 is the Union of India) directing the appellant to grant provisional registration under Section 25(1) of the Indian Medical Council Act, 1956 to the respondent no.1 in case he had passed the Screening Test held on 25th March, 2012.

(2.) The counsel for the respondent no.2 Union of India appears on advance notice. We have heard the senior counsel for the appellant at length.

(3.) The respondent no.1, after obtaining Eligibility Certificate from the appellant under The Eligibility Requirement For Taking Admission In An Undergraduate Medical Course In A Foreign Medical Institution Regulations 2002, acquired doctor of medicine (MD Degree) from Khazar University, Baku, Azerbaijan, equivalent to the MBBS degree in India and underwent the Screening Test conducted by the National Board of Examinations, Ministry of Health & Family Welfare under The Screening Test Regulations, 2002 and successfully passed the same. However the appellant still refused to grant provisional registration to the respondent no.1 under Section 25(1) of the Act to enable the respondent no.1 to undergo practical training and whereafter the respondent no.1 would be entitled to practice medicine, on the ground that the foreign University from which the respondent no.1 had acquired the foreign medical qualification was, earlier, without obtaining any approval under Section 10A of the Act was having its off campus in India in the name and style of Sidhant Institute of Medical Services and Research and the respondent no.1 had been admitted for first year of his medical course in such off campus of the foreign University at India.