PRAVEEN KUMAR .M Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners, 20 in number, were awarded the degree of Bachelor of Medicine and Bachelor of Surgery, by the International University of the Health Sciences, St.Christopher & Nevis, an accredited university in the Federation of St.Christopher & Nevis, West Indies. Exts.P1 to P20 are copies of the degree certificates issued to the petitioners certifying that they have been awarded the degree of Bachelor of Medicine and Bachelor of Surgery by the International University of the Health Sciences.

(2.) BEFORE the petitioners underwent the course of study which lead to the award of the said degree, they had applied for and obtained separate eligibility certificates evidenced by Exts.P21 to P40 from the Medical Council of India as required under sub-section (4B) of section 13 of the Indian Medical Council Act, 1956 (hereinafter referred to as "the Act" for short) and Regulation 3 of the Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002 (hereinafter referred to as "the Eligibility Regulations" for short). After completion of the course, the petitioners applied to the Medical Council of India for permission to appear for the screening test to be held, as required under sub-section (4A) of section 13 of the Act and the Screening Test Regulations, 2002 issued by the Medical Council of India under section 33 thereof. Under regulation 7 of the Screening Test Regulations, 2002, the screening test has to be conducted twice a year as per the schedule of examination announced by the prescribed authority, namely, the National Board of Examinations, authorised by the Central Government/Medical Council of India to conduct the test. All the petitioners passed the screening test held on different dates and thereupon, Exts.P41 to P60 certificates were issued to them. The petitioners thereafter submitted applications for grant of provisional registration as required under regulation 11 of the Screening Test Regulations, 2002. By Exts.P61 to P69A letters, petitioners 1 to 9 and 20 were informed that since they underwent the course in the study centres of the International University of the Health Sciences at Cochin/Pune/Mumbai and Dubai, they are not eligible to be considered for grant of provisional registration under section 25(1) of the Act. The applications submitted by the other petitioners were not rejected, but were kept pending. The instant writ petition was thereupon filed on 31.8.2011, challenging Exts.P61 to P69A letters and seeking the following reliefs:

(3.) I heard Sri.G.Shrikumar, learned Senior Advocate appearing for the petitioners and Sri.Alexander Thomas, learned standing counsel appearing for the Medical Council of India. Sri.G.Shrikumar, learned Senior Advocate appearing for the petitioners contended relying on the decision of the Apex Court in Medical Council of India v. J.Saai Prasanna & Others (supra) that the only requirement the petitioners have to satisfy to appear for the screening test is that they should have undergone the course of study in a foreign institution after obtaining an eligibility certificate from the Medical Council of India in terms of sub section (4B) of section 13 of the Act and Regulation 3 of the Eligibility Regulations and the degree awarded by the foreign medical institution is recognised for enrolment as medical practitioner in that country and therefore, the Medical Council of India cannot decline to give provisional registration to the petitioners on the ground that they had undergone the course in the study centres of the foreign university in India. The learned senior counsel contended with reference to the endorsements made on the obverse of the degree certificates issued to the petitioners that the seal and signature of the Ministry of Foreign Affairs of St.Christopher & Nevis was duly attested by an officer of the Indian High Commission in Georgetown, Guyana, that Ext.P70 certificate dated 13.11.2007 issued by the Government of St.Christopher & Nevis would show that the International University of the Health Sciences, St.Christopher & Nevis, West Indies is accredited in the Federation of St.Christopher & Nevis and the MBBS degree awarded by the said university is recognised by the Government of St.Christopher & Nevis as a prerequisite for registration as a medical practitioner in the Federation and therefore, as the petitioners have undergone the course in an accredited university and the degree awarded by that university is valid for registration as a medical practitioner in the country where the university is situated, they were lawfully permitted to appear for the screening test held by the National Board of Examinations and therefore, denial of registration on the ground stated in the impugned notices cannot be sustained. The learned Senior Advocate also contended that as the Medical Council of India does not have a case that the MBBS degree awarded by the International University of the Health Sciences is not a recognised qualification for registration as a medical practitioner in the Federation of St.Christopher & Nevis, it cannot be heard to contend, after the petitioners appeared for and cleared the screening test that they are ineligible for registration with the Medical Council of India/State Medical Councils. Reliance is placed on clause (1) of regulation 4 and regulation 11 of the Screening Test Regulations, 2002 as also the provisions contained in sub section (4A) of section 13 of the Act in support of the said contention. The learned Senior Advocate also contended that clause (3) of regulation 4 of the Screening Test Regulations, 2002 which came into force only on 16.4.2010 cannot govern the case of the petitioners who had completed their course of study before the said provision was introduced.