YASH AHUJA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE insistence by the Medical Council of India for a screening test to be registered as a medical practitioner in respect of students who have graduated from the Manipal College of Medical Sciences, Pokhra, Nepal (MCOMS) has given rise to these writ petitions.

(2.) THE Indian Medical Council Act, 1956 (hereinafter referred to as the said act) was enacted to give a representation to members of the medical profession, provide recognition of medical qualifications including by medical institutions outside the country with or without the scheme of reciprocity and to prescribe standards of medical education. A license to practice as a medical practitioner has a larger public ramification as such a person deals with the life and death of the citizens of the country while treating them for ailments. The nature and quality of education to be provided to such medical practitioners before they were entitled to practice, thus, is part of the scheme of the said Act. Section 10 A of the said Act, thus, restricts the establishment of a medical college except with the previous permission of the Central Government obtained in accordance with the provisions of that Section. Section 11 of the said Act refers to the recognition of medical qualifications granted by the universities or medical institutions in India. The list of such institutions are included in the I schedule to the Act. Section 12 of the said Act deals with another category of medical qualifications, i. e. those granted by medical institutions in countries with which there is a scheme of reciprocity by inclusion of such medical institutions located outside India being included in the II Schedule to the said Act. The recognition of medical qualifications granted by certain medical institutions whose qualifications are not included in the I or II schedule is dealt with in Section 13 of the said Act. The Indian Medical council (Amendment) Act, 2001, incorporated certain amendments in Section 13 of the said Act whereby a provision was made for a screening test in India in respect of persons who are citizens of India and obtained medical qualifications granted by any medical institution in any country outside India recognized for enrollment as medical practitioner in that country after such date as may be notified by the Central Government. These amendments incorporated by way of sub-Sections 4a and 4b of Section 13 of the said Act are, however, not applicable to medical qualifications referred to in Section 14 of the said Act in view of the provisions of Sub-Section 4c of Section 13 of the said Act. Section 14 of the said Act stipulates that the Central Government may issue a notification in the Official Gazette after consultation with the MCI in terms whereof the medical qualifications granted by medical institutions in any country outside India in respect of which a scheme of reciprocity of medical qualifications is not in force, shall be recognized medical qualifications for the purposes of the said Act.

(3.) THE demands of a large number of students wanting to undergo medical education has resulted in a mushrooming of private medical educational institutions. Not only that students have travelled even to countries outside india to obtain medical qualifications and one such institution which is in question is the MCOMS. This institution was established in December 1994 as per an agreement between the Government of Nepal and the Manipal Education and medical Group. The Ministry of Health, Government of Nepal and the Nepal medical Council wanted a recognition of this Institution under the said Act. The object was clear that there would be a greater value attached to the degree obtained from the said Institution as a consequence of such recognition especially in view of the fact that the same would encourage a large number of students from India as a neighbouring country to enroll themselves with that institution. In view of the said request an inspection was made by the MCI on 11. 8. 2000 for the purposes of grant of recognition. It is the case of the MCI that the Institution was seeking recognition for 100 students to be educated each year and the scrutiny of the facilities and the level of education to be provided was accordingly analyzed by the MCI for the said number of students. In terms of a Gazette Notification dated 26. 9. 2001 issued by the Ministry of health, Government of India, MCOMS was included as an Institution in the II schedule of the said Act as per power conferred under Section 12 of the said Act.