SANJEEV MITTAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners had sought admission in various recognised medical colleges in erstwhile USSR (Now Common Wealth of Independent States i.e. C.I.S. (hereinafter referred to as "USSR"). It is alleged that the institutions are recognised under the Indian Medical Council Act, 1956 (hereinafter referred to as "the Act"). All the petitioners have acquired degree of Doctor of Medicines (Physician) a recognised medical qualification equivalent to MBBS degree (Bachelor of Medicines and Bachelor of Surgery) in India. It is admitted that the petitioners are undergoing internship of one year at the hospitals in the Union Territory of Chandigarh, State of Punjab and State of Haryana respectively.

(2.) The Act was enacted on 13/12/1956 with a view to provide for the reconstitution of Medical Council of India (hereinafter referred to as "the MCI") and the maintenance of a Medical Register for India in respect of the matters connected therewith. The MCI has been conferred with the powers under Section 11 of the Act, to accord recognition to a medical qualification(s) to be granted by all Universities or medical institutions in India. Such medical qualifications have been prescribed under the First Schedule attached to the Act. Such similar power has been conferred by virtue of Section 12 of the Act for granting recognition to such qualifications granted by medical institutions in the countries other than India, where the rule of reciprocity is being adhered to. In this regard, prescriptions have been provided in the Second Schedule.

(3.) Apart from the above, such authorisation has been conferred upon the MCI for recognising medical qualification granted by medical institutions in India which are not included in the First Schedule and which are included in Part I of the Third Schedule which shall be recognised medical qualifications for the purposes of the Act. Likewise, medical qualifications granted by medical institutions outside India before a date notified by Central Govt. in the Official Gazette, which are included in Part II of the Third Schedule shall also be recognised medical qualifications for the purposes of the Act. It is obligatory that such person should be a citizen of India and has undergone such practical training after obtaining that qualification as may be required by the rules or regulation in force in the country granting the qualification. If such person has not undergone any practical training in that country, he has to undergo such practical training in India as may be prescribed.