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2011 DIGILAW 651 (JK)

Syed Bilal Ahamd Razvi v. Union of India & Ors.

2011-11-24

MUZAFFAR HUSSAIN ATTAR

body2011
1. The petitioner sought admission in Kazakh State Medical University, in erstwhile USSR, in the year 1996 for undergoing Post Graduate Medical Course, which, in India is called Under Graduate Medical Course. After successfully undergoing the said course, the petitioner was awarded Degree of Medicine on 04th of July, 2002. The petitioner subjected himself to screening test in which he was declared to have qualified in the year 2004. The petitioner applied to the Medical Council of India (MCI) for provisional registration u/s 13(3) of the Indian Medical Council Act, 1956 (for short Act of 1956), which was refused to him vide impugned communication bearing No. MCI-201(32/Regn./2004/26926 dated 20-01-2005 on the ground that he did not fulfill the minimum norms fixed by the MCI for undergoing medical course, in as much as, the petitioner had not qualified 10+2 examination but had only passed lllh class examination. Being aggrieved of the same, the petitioner filed this writ petition seeking quashment of the said communication with further prayer that the respondents be directed to issue provisional registration certificate in his favour. 2. On notice issued, respondents have filed reply affidavit, wherein it is reiterated that as the petitioner did not satisfy the minimum norms for undergoing undergraduate medical course, the provisional registration certificate, was, accordingly, refused. 3. Heard learned counsel for the parties. Considered the matter. 4. In order to support the contentions raised in the pleadings, learned counsel for the parties referred to and relied upon judgement of the Hon'ble Supreme Court in case titled Medical Council of India v. Indian Doctors from Russia Welfare Association & others-Respondents, reported in AIR 2002 SC1565. 5. Learned counsel for the petitioner referred to paragraph 6(A)(ii) and (B) of the said judgement and submitted that the petitioner's case is squarely covered by the judgement and that the petitioner has, wrongly, been denied the grant of provisional registration certificate by the MCI. Learned counsel further submitted that the petitioner had sought admission for undergoing medical course in the year 1996 and was awarded the degree on 04-07-2002 and that the Institute, which had awarded the said degree to the petitioner, is recognized by the MCI. Learned counsel further submitted that the petitioner had sought admission for undergoing medical course in the year 1996 and was awarded the degree on 04-07-2002 and that the Institute, which had awarded the said degree to the petitioner, is recognized by the MCI. Learned counsel further submitted that the petitioner was permitted to take the screening test in view of the aforementioned judgement, though, he was not possessed of minimum norms as fixed by the MCI in terms of Undergraduate Medical Education Regulations 2000. Learned counsel, therefore, submitted that the writ petition deserves to be allowed. 6. Mr. Mushtaq, learned counsel for the MCI, while referring to Regulation (1) of the Undergraduate Medical Education Regulations 2000, submitted that in order to be eligible for undertaking undergraduate medical course, a candidate has to have 10+2 degree in Physics, Chemistry and Biology with 50% aggregate marks. He further submitted that as the minimum admission norms fixed by the MCI, are, admittedly, not fulfilled by the petitioner, so he is not entitled to grant of provisional registration in law. 7. Paragraphs 6 (A)(ii)(B) & 7 of the judgement of the Hon'ble Supreme Court referred to above are reproduced hereunder: "6. In order to regulate the grant of registration to such persons who have completed their degree abroad prior to March, 15, 2001, the following guidelines are placed before this Court by the Government of India. A. The case of all persons who applied for registration to MCI prior to 15-03-2001 shall be dealt with according to the provisions of the Act as existing prior to the commencement of the IMC (Amendment Act), 2001 subject to the following : (ii) Where students who did not meet the minimum admission norms of MCI for joining undergraduate medical course were admitted to foreign institutes recognized by MCI, this irregularity be condoned. In other words, the degree of such students be treated as eligible for registration with MCI. B. All students who have taken admission abroad prior to 15-03-2002 and are required to qualify the screening test for their registration as per the provisions of the Screening Test Regulations, 2002, shall be allowed to appear in the screening test even if they also come in the categories of circumstances contained in A(ii) above as the relaxation contained therein would also be applicable in their case. In other words any person at present undergoing medical education abroad who did not conform to the minimum eligibility requirements for joining an undergraduate medical course in India laid down by MCI, seeking provisional or permanent registration on or after 15-03- 2002, shall be permitted to appear in the screening test in relaxation of this requirement provided he had taken admission in an institute recognized by MCI. This relaxation shall be available to only those students who had taken admission abroad prior to 15-03-2002. From 15-03-2002 and onwards all students are required to first to obtain an eligibility certificate from MCI before proceeding abroad for studies in medicine. 7. In the special features and circumstances arising in these cases, it unnecessary to consider the various contentions urged on behalf of the parties, but, we propose to dispose of these matters by approving the guidelines set forth above in exercise of powers under article 142 of the Constitution and these guidelines will be applicable to all such persons who are similarly situated whether they are parties before this Court or not. In respect of those who have already applied for registration to MCI, the same shall be granted or refused within a period of 15 days from today in terms of this order. On grant of such registration, the students shall undergo the internship or the house manship, if needed. It is made clear that these guidelines approved by us are by way of one time measure. Future cases will be governed by the revised regulations framed by MCI as proved by the Government." 8. Perusal of the paragraph (6) supra reveals that in order to regulate grant of registration to such persons who have completed their degree abroad prior to March, 15,2001, the guidelines were placed before the Hon'ble Supreme Court by the Government of India. 9. Clause (A) provided that all persons who applied for registration to MCI prior to 15-03-2002 were to be dealt with according to the provisions of the Act as they existed prior to commencement of IMC (Amendment Act), 2001. Exceptions, however, were also provided. In sub para (ii) of paragraph (6) aforementioned it was provided that the students who did not meet the minimum admission norms of MCI for joining undergraduate medical course were admitted to foreign institutes recognized by MCI, this irregularity is to be condoned. Exceptions, however, were also provided. In sub para (ii) of paragraph (6) aforementioned it was provided that the students who did not meet the minimum admission norms of MCI for joining undergraduate medical course were admitted to foreign institutes recognized by MCI, this irregularity is to be condoned. It was further provided that the degree of such students be treated as eligible for registration with MCI. In clause (B) of paragraph (6), it was provided that all students who have taken admission abroad prior to 15-03-2002 and were required to qualify the screening test for their registration as per the provisions of the Screening Test Regulations, 2002, shall be allowed to appear in the screening test even if they would come in the categories contained in A(ii) above as the relaxation contained therein would also be applicable in their case. It was further provided that any person who at that point of time was undergoing medical education abroad and did not conform to the minimum eligibility requirements for joining an undergraduate medical course in India laid down by MCI, seeking provisional or permanent registration on or after 15-03-2002, shall be permitted to appear in the screening test in relaxation of this requirement provided they had taken admission in a recognized institute. It was also provided that this relaxation would be available to those students who had taken admission abroad prior to 15-03-2002. 10. Admittedly, the petitioner had taken admission in an institute in erstwhile USSR in the year 1996, viz. prior to 15-03-2002 and that the institute which has awarded degree to him, is recognized by the MCI. The petitioner has also qualified the screening test in the year 2004. His case, thus, is squarely covered by paragraphs 6(ii) & (B) of the judgement supra. The Hon'ble Supreme Court, at paragraph 7, had also approved the guidelines set out in paragraph 6 of the judgement and it further directed that these guidelines would be available to all such persons who are similarly situated irrespective of the fact as to whether they are parties before the Court or not. The MCI was, thus, duty bound to extend the benefit of the judgement of the Hon'ble Supreme Court to the petitioner also. 11. The MCI was, thus, duty bound to extend the benefit of the judgement of the Hon'ble Supreme Court to the petitioner also. 11. Denial of provisional registration to the petitioner on the ground that he lacked minimum admission norms as fixed by the MCI is illegal and also in violation of the judgement of the Hon'ble Supreme Court. The law laid down by the apex Court binds all in terms of article 141 of the Constitution of India. 12. For the above stated reasons, this petition is disposed of in the following manner: "By issuance of writ of certiorari, impugned communication bearing No. MCI-201(32)/Regn./2004/26926 dated 20-01-2005, forming annexure (F) to the writ petition is quashed. The respondents, more particularly, the MCI is directed, to consider claim of the petitioner for grant of provisional registration or otherwise in terms of section 13(3) of IMCA, 1956, preferably within a period of four weeks from the date copy of this order is served on them with further direction that the result of consideration shall be conveyed to the petitioner." 13. Disposed of along with CMPs.