Case Note & Summary
The dispute involved the Medical Council of India (MCI) and various individuals who had completed medical courses in the erstwhile USSR but faced difficulties in obtaining recognition for their degrees and registration as medical practitioners in India. Following the disintegration of the USSR, many students found their admissions problematic due to studying in non-recognised institutions or not completing their courses. The MCI expressed doubts regarding the genuineness of some courses, leading to a refusal to recognize degrees and register practitioners. The Delhi High Court had granted relief to these doctors, which was affirmed on appeal, while the Allahabad High Court issued interim orders. The MCI appealed to the Supreme Court, which noted the need for a policy from the Government of India to address the human issues arising from the situation. The Court referred to the amended Section 13 of the Indian Medical Council Act, 1956, which introduced new regulations for screening tests and eligibility certificates for Indian citizens studying medicine abroad. The Court approved guidelines proposed by the Government to regulate registration for those who completed their degrees before a specified date, allowing for certain relaxations in eligibility criteria. The guidelines were intended as a one-time measure, with future cases to be governed by revised regulations. The Court ordered that applications for registration be processed within 15 days and clarified that the approved guidelines would apply to all similarly situated individuals, regardless of their party status in the case. The appeals were disposed of, and pending proceedings in High Courts were withdrawn to be resolved under the same terms.
Headnote
A) Medical Law - Registration of Medical Practitioners - Guidelines for Registration of Foreign Medical Graduates - Indian Medical Council Act, 1956, Section 13 - The Court approved guidelines for registration of Indian citizens who obtained medical degrees from foreign institutions, addressing issues of recognition and eligibility. The guidelines provided a one-time measure for those who applied for registration before a specified date, ensuring their degrees could be considered for registration under certain conditions. Held that these guidelines would apply to all similarly situated individuals (Paras 1-4).
Issue of Consideration
Whether the Medical Council of India (MCI) can impose guidelines for the registration of medical practitioners who studied abroad, particularly in non-recognised institutions.
Final Decision
The Supreme Court approved the guidelines proposed by the Government of India for the registration of Indian citizens who obtained medical degrees from foreign institutions, allowing for certain relaxations in eligibility criteria. The Court ordered that applications for registration be processed within 15 days and clarified that the approved guidelines would apply to all similarly situated individuals.
Law Points
- Medical registration
- eligibility criteria
- screening test
- recognition of degrees
- guidelines for foreign medical graduates
