Case Note & Summary
The petitioners, Dr. Sarwankumar Mandhwani, Dr. Rekha Sarwankumar Mandhwani, and Dr. Dilip Inderlal Moorpani, are Indian nationals who obtained MBBS degrees from the University of Sind in Pakistan. They approached the Bombay High Court seeking recognition of their degrees and eligibility for registration as medical practitioners in India. The court considered a notification dated 14th February, 1992 issued by the Central Government under Section 12(3) of the Indian Medical Council Act, 1956, which amended the Second Schedule to include certain Pakistani universities and their degrees. The petitioners argued that their degrees from the University of Sind were covered by this notification. The respondents, including the Union of India, Medical Council of India, and State of Maharashtra, opposed the petitions. The court analyzed the notification and found that the University of Sind was listed with the MBBS degree. The court held that the notification was valid and binding, and the degrees from the listed universities are recognized medical qualifications under the Act. Consequently, the court allowed the petitions, directing the respondents to recognize the petitioners' degrees and consider their registration in accordance with law. The judgment was delivered by a division bench of Justices F.I. Rebello and S.P. Kukday on 1st March, 2005.
Headnote
A) Medical Law - Recognition of Foreign Medical Degrees - Indian Medical Council Act, 1956, Section 12(3) and Second Schedule - The Central Government, after consultation with the Medical Council of India, issued a notification dated 14th February, 1992 including certain Pakistani universities and their MBBS degrees in the Second Schedule. The court held that the notification is valid and binding, and the degrees from those universities are recognized medical qualifications under the Act. (Paras 1-5)
B) Medical Law - Eligibility for Registration - Indian Medical Council Act, 1956, Section 13 - The petitioners, Indian nationals who passed MBBS from the University of Sind (Pakistan), are entitled to have their degrees recognized and to be registered as medical practitioners in India, subject to fulfilling other conditions under the Act. (Paras 1-5)
Issue of Consideration
Whether the MBBS degrees obtained by Indian nationals from universities in Pakistan, which are included in the Second Schedule to the Indian Medical Council Act, 1956 by a notification dated 14th February, 1992, are recognized medical qualifications for the purpose of registration and practice in India.
Final Decision
The court allowed the writ petitions. It held that the notification dated 14th February, 1992 is valid and binding, and the MBBS degrees from the University of Sind (Pakistan) are recognized medical qualifications under the Indian Medical Council Act, 1956. The respondents were directed to recognize the petitioners' degrees and consider their registration in accordance with law.
Law Points
- Recognition of foreign medical degrees
- Indian Medical Council Act
- 1956 Section 12(3)
- Second Schedule
- Notification dated 14-02-1992
- Pakistani universities
- MBBS degree
- eligibility for registration
Case Details
2005 LawText (BOM) (03) 195
Writ Petition No.661 of 2004, Writ Petition No.663 of 2004, Writ Petition No.664 of 2004
F.I. Rebello, S.P. Kukday
Mr. V.M. Thorat for Petitioner, Mrs. B.A. Desai (ASG) with Ms. S.I. Shah for Respondent No.1, Ms. Simran Puri for Respondent No.2, Mr. C.R. Sonawane (AGP) for Respondent No.3
Dr. Sarwankumar Mandhwani, Dr. Rekha Sarwankumar Mandhwani, Dr. Dilip Inderlal Moorpani
Union of India, Medical Council of India, State of Maharashtra
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Nature of Litigation
Writ petitions seeking recognition of MBBS degrees obtained from Pakistani universities and eligibility for registration as medical practitioners in India.
Remedy Sought
The petitioners sought a declaration that their MBBS degrees from the University of Sind (Pakistan) are recognized medical qualifications under the Indian Medical Council Act, 1956, and directions to the respondents to register them as medical practitioners.
Filing Reason
The petitioners, Indian nationals who passed MBBS from the University of Sind in Pakistan, were denied recognition of their degrees and registration by the Medical Council of India and other authorities, despite a notification dated 14th February, 1992 including that university in the Second Schedule.
Issues
Whether the MBBS degrees obtained by Indian nationals from the University of Sind (Pakistan) are recognized medical qualifications under the Indian Medical Council Act, 1956 by virtue of the notification dated 14th February, 1992.
Whether the petitioners are entitled to registration as medical practitioners in India based on such degrees.
Submissions/Arguments
Petitioners argued that the notification dated 14th February, 1992 under Section 12(3) of the Indian Medical Council Act, 1956 includes the University of Sind (Pakistan) with MBBS degree in the Second Schedule, making it a recognized qualification.
Respondents opposed the petitions, but the judgment does not detail their specific arguments.
Ratio Decidendi
The notification dated 14th February, 1992 issued under Section 12(3) of the Indian Medical Council Act, 1956, which includes the University of Sind (Pakistan) and its MBBS degree in the Second Schedule, is a valid exercise of power. The degrees from the listed universities are recognized medical qualifications under the Act, and Indian nationals holding such degrees are entitled to registration subject to other conditions.
Judgment Excerpts
All the petitioners have passed M.B.B.S. Degree from Universities in Pakistan.
By that Notification in exercise of the powers under sub-section (3) of Section 12 of the Indian Medical Council Act, 1956 the Central Government after consultation with the Medical Council of India amended the Second Schedule and included the following Universities from Pakistan with the Degree as notified in the Second Schedule.
The Universities were:- University of Sind M.B.B.S. Bachelor of Medicine and Bachelor of Surgery U.Karachi
Procedural History
The petitioners filed three separate writ petitions (No.661, 663, 664 of 2004) before the Bombay High Court. The court heard them together and disposed of by common order on 1st March, 2005.
Acts & Sections
- Indian Medical Council Act, 1956: Section 12(3), Section 13, Second Schedule
