SAMRIDDHI SARASWAT Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) Case of the petitioner is that she is pursuing a medical course in an institution situated in Philippines. According to the petitioner this institution is recognized as per the National Medical Commission Act, 2019 and in particular Sec. 36 thereof. Counsel for the petitioner pointed out that the Medical Council of India has now framed regulations in which regulation 4 provides inter-alia that no medical graduate shall be granted permanent registration unless he has undergone a course leading to foreign medical degree with minimum duration of 54 months. By virtue of this regulation, the degree that may be awarded to the petitioner may not be recognized for the purpose of her registration in India since the course is of duration of 48 months. Counsel for the petitioner argued that regulation 4(a)(i) is ultra vires since it travels beyond the scope of the Act and is in conflict of Sec. 34 of the Medical Council of India Act, 2019.

(2.) Issue notice, returnable on 22/3/2022.