SHAHUL HAMEED K S AND ORS Vs. AR

JUDGEMENT

(1.) The petitioners in these proceedings challenge the validity of amendments to the Foreign Medical Institution Regulations, 2002 (hereafter "the eligibility regulations") and the Screening Test Regulations, 2002 (hereafter "the screening test regulations") made by the respondent, Medical Council of India (hereafter "MCI"). They complain that the impugned amendments are arbitrary and unreasonable.

(2.) The eligibility requirement for admission in an undergraduate medical course in a foreign medical college or university was sought to be regulated by the eligibility regulations framed by MCI. Framed in 2002, the eligibility regulations required that Indian citizens who "passed the qualifying examination either from India or an equivalent examination from abroad and is desirous of joining an undergraduate medical course in any foreign medical institution" had to approach it (the MCI) for the purpose, on or after 15th March, 200 A "qualifying examination" was defined as one which spelt out the eligibility of a candidate for admission to MBBS course in India as prescribed in the Regulations on Graduate Medical Education, 1997. The eligibility regulations enabled the MCI to investigate and inquire into the particulars provided by applicants before issuing the certificate applied for.

(3.) The undisputed facts necessary to decide both these petitions are that for seeking eligibility certificates (under the eligibility regulations), no separate screening test was provided for initially. In the event the eligibility certificates were issued, the candidate concerned could go abroad, complete the medical course and return to India. Upon so returning, the candidate (now a medical graduate) was not entitled to practise the profession of medicine or surgery, and has to clear a screening test, provided for by Regulation 7 of the Screening Test Regulations, 2002 (hereafter "the screening test regulations"). Regulation 4 of those regulations require that the candidate- in addition to possessing the "primary medical qualification, either whose name and the institution awarding it are included in the World Directory of Medical Schools, published by the World Health Organisation; or which is confirmed by the Indian Embassy concerned to be a recognised qualification for enrolment as medical practitioner in the country in which the institution awarding the said qualification" (Regulation 3) should also possess the eligibility certificate, issued under the eligibility regulations. In sum, therefore, anyone desirous of studying in a medical course abroad had to fulfil the basic educational qualifications spelt out (10+2 pass or equivalent, with the minimum stipulated percentage in the concerned subjects) and had to obtain an eligibility certificate in terms of the eligibility regulations. After completing the course, the candidate had to qualify in the screening test in terms of the screening test regulations, if she wished to practise as a doctor or surgeon in India. All this changed on 1st March, 2018, with the amendments impugned in the present cases. The amendments introduced by MCI required such candidates to pass the NEET (National Eligibility test) as a precondition for studying abroad; the screening test regulations too were consequentially amended to prescribe that in addition to possessing the primary medical qualification, the student also had to possess the eligibility certificate showing that she or he had qualified in NEET. The petitioners complain that these requirements are arbitrary. Regulation 8 of the eligibility regulations was amended to insert the following condition: