Case Note & Summary
The petitioners, Shivaji Dnyandeo Patil and another, completed their HSC in February 2003 and secured admission in October 2003 to a Bachelor of Science and Doctor of Medicine (BSMD) course offered by the fourth respondent, Transworld Education Academy Pvt. Ltd., a company registered under the Companies Act, 1956. The BSMD course had a total duration of 5½ years, comprising 4 years of academic studies and 1½ years of internship. The petitioners completed their initial two academic years in India by October 2007 and then proceeded to the Angeles University Foundation in the Philippines to complete the remaining two academic years. They completed their graduation on 1 June 2009. The petitioners sought a direction to the Medical Council of India (MCI) to issue a provisional certificate of registration under Section 25(1) of the Indian Medical Council Act, 1956, and a consequential direction to the MCI, National Board of Examination, and the Union of India not to discriminate against them in granting such registration. The MCI refused to issue the provisional registration on the ground that the BSMD course was not recognized under the Indian Medical Council Act. The court considered whether the MCI could refuse registration solely on that ground. The court held that the MCI cannot refuse registration merely because the course is not recognized, as such refusal would be discriminatory and contrary to the object of the Act. The court directed the MCI to issue the provisional certificate of registration to the petitioners, subject to compliance with other requirements under the Act and Regulations. The petition was allowed with no order as to costs.
Headnote
A) Medical Law - Provisional Registration - Section 25(1) Indian Medical Council Act, 1956 - Recognition of Foreign Degrees - Petitioners completed BSMD course from Philippines after initial two years in India - MCI refused registration on ground that course not recognized - Court held that MCI cannot refuse registration solely on that ground as it would be discriminatory and contrary to the object of the Act - Directed MCI to issue provisional registration subject to other conditions (Paras 2-10).
Issue of Consideration
Whether the Medical Council of India can refuse to issue a provisional certificate of registration under Section 25(1) of the Indian Medical Council Act, 1956 to graduates of a foreign medical course (BSMD) that is not recognized under the Act, and whether such refusal is discriminatory.
Final Decision
The petition is allowed. The Medical Council of India is directed to issue a provisional certificate of registration under Section 25(1) of the Indian Medical Council Act, 1956 to the petitioners, subject to compliance with other requirements under the Act and Regulations. No order as to costs.
Law Points
- Provisional registration under Section 25(1) of Indian Medical Council Act
- 1956
- Recognition of foreign medical degrees
- Eligibility for registration
- Non-discrimination
