NUSRAT JAHAN BUKHARI Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) THE admitted factual matrix is that the petitioner Ms. Nusrat Jahan Bukhari had passed matriculation examination (Class Xth) from Pune in March 1999 having secured 72.66% marks and more than 80% marks in Science stream. In the same year, the petitioner took admission in the Dagestan State Medical Academy, Makhachkala (Russia) to pursue degree of M.D.(Physician) course vide registration No. 182/1999. She successfully completed the said medical course and was awarded doctorate degree in Medicine on 24th June, 2006. The petitioner, in fact was awarded a red diploma (equivalent to gold medalist) in Doctor of Medicine (equivalent to M.B.B.S.) by the said University.

(2.) THE petitioner after returning back to India appeared in Foreign Medical Graduate Examination (F.M.G.E.) Screening Test in September, 2007 but did not pass the said examination in the first attempt. The petitioner again appeared in the said examination conducted by National Board of Examination in March 2008 and has cleared the same as per communication dated 23rd April, 2008. Thereupon, the petitioner applied for provisional registration with the Medical Council of India (MCI) which stands rejected vide their letter dated 25th June, 2008. The reason given by MCI for rejection of the registration reads as under:

(3.) STUDENTS who had undergone medical courses and obtained degree in Medicine from medical colleges abroad including colleges in erstwhile USSR was examined by the Supreme Court in the case of Medical Council of India v. Indian Doctors from Russia Welfare Association and Anr. : (2002) 3 SCC 696. MCI had refused to grant recognition and register the said students. Orders passed by the High Courts on writ petitions filed by the said students were made subject matter of appeals before the Supreme Court. After hearing the matter, the Supreme Court asked Government of India to formulate a policy keeping in mind the need to maintain standards and the humane problem of students who had undergone studies abroad and spending years to obtain a recognized degree in Medicine in the country of education. The Supreme Court noticed that Section 13 of the Indian Medical Council Act, 1956 had been amended by Indian Medical Council (Amendment) Act, 2001 to deal with the situation and w.e.f. 18th February, 2002 new regulations had been published and enforced. The new regulations for the first time has fixed eligibility norms/conditions and requirement to obtain eligibility certificate from MCI before taking admission in a medical college abroad. At the same time, to ensure that proper standards are maintained and the students possessed adequate and good knowledge are required to pass the Screening Test for the purpose of registration. Thus eligibility norms for taking admission abroad are fixed and at the same time students after obtaining degrees are required to pass the Screening Test.