Medical Council of India Vs. Indian Doctors from Russia Welfare Association & Ors.
EmailAppeal: (Arising out of Special Leave Petition (C) No. 18729 of 1999)
Civil Appeal Nos. ……… (?)
Arising out of SLP (C) Nos. 3540-92,
285, 301, 2510-2526, 2528-2531, 3394 of 2000
Civil Appeal No……….(?)
Civil Appeal Nos. ……… (?)
Arising out of SLP (C) Nos. 3540-92,
285, 301, 2510-2526, 2528-2531, 3394 of 2000
Civil Appeal No……….(?)
Arising out of SLP (C) No. (cc. 2186-2190)
Petitioner: Medical Council of India
Respondent: Indian Doctors from Russia Welfare Association & Ors.
Apeal: (Arising out of Special Leave Petition (C) No. 18729 of 1999)
Civil Appeal Nos. ……… (?)
Arising out of SLP (C) Nos. 3540-92,
285, 301, 2510-2526, 2528-2531, 3394 of 2000
Civil Appeal No……….(?)
Civil Appeal Nos. ……… (?)
Arising out of SLP (C) Nos. 3540-92,
285, 301, 2510-2526, 2528-2531, 3394 of 2000
Civil Appeal No……….(?)
Arising out of SLP (C) No. (cc. 2186-2190)
Judges: Dr. A.S. ANAND, CJI, R.C. LAHOTI & S.N. VARIAVA, JJ.
Date of Judgment: Apr 17, 2000
Head Note:
EDUCATION
Constitution
Articles 226, 136 – Registration with Medical Council of India – Interim measure suggested – Screening test for candidates – Standard same as that of AIIMS prescribed for aspirants to Post-Graduate Courses. Held that interim measure accepted with modifi-cation that standard for screening should be that of MBBS. Those who get benefit, would be registered provisionally.(Paras 4 to 6)
JUDGEMENT:
ORDER
1. Delay condoned in SLP (C) …… (cc. 2186-2190)
2. Leave granted in all the petitions.
3. During the course of hearing, certain suggestions were made and the learned Solicitor General was requested to seek instructions from Medical Council of India with a view to miti-gate the hardship being faced by the Graduates of Medical Schools/Colleges, Russia. In response, an affidavit has been filed by Dr. K.K. Arora, Joint Secretary, Medical Council of India, in which it has been stated that the General Body of the Medical Council of India met on 31st March, 2000 and resolved as follows :
“The Executive Committee in order to remedy the various problems which have arisen on account of the break-up of Soviet Union, as a one time measure decided to place the following possible solutions for consideration by the Hon’ble Supreme Court :-
i) In the view of the Medical Council any student who has obtained less than 50% marks in Physics, Chemistry & Biology in the 10+2 examination would not at all be eligible for registra-tion. This in the considered view of the Council is an absolute imperative in the larger interest of public health.
ii) MCI recognised institutions which impart 6 years of medical education with one year’s of internship. Therefore, degrees issued by such recognised institutions to students who have put in 6 years of medical education and have successfully completed the course and obtained the degree and thereafter have completed one year of internship (both in recognised institu-tions) would be recognised by MCI and will be considered eligible for provisional/permanent registration as the case may be.
iii) In relation to students who have completed 6 years of medical education, out of which initial period of not more than 4 months was in an unrecognised institution, and the rest in a recognised institution the MCI will accept their request for registration upon their completing 16 months of internship.
iv) The students who have completed 6 years of medical education but have studied more than 4 months but not more than 6 months in an unrecognised institution (and the rest in a recog-nised institution) should be required to undergo an additional internship of 12 months over and above the usual internship of 12 months i.e. total internship of 24 months.
v) In case of the students who have studied 5 1/2 years of medical education (although in a recognised institution) would appear in an examination and upon being successful (in not more than 3 attempts) will be required to undergo regular 12 months of internship after which they would be considered for registration.
vi) In all other cases, where the candidate is otherwise qualified (i.e.) he has obtained more than 50% marks in Physics, Chemistry and Biology in the 10+2 examination but has put in less than 5 1/2 years in a recognised institution (whether on account of a compressed course or on account of putting in more than 6 months in an unrecognised institution), the candidate may be require to surrender his degree to his recognised institution, complete the deficient period so as to have completed 6 years of medical education in the same recognised institution and there-after obtain a fresh degree from the said recognised institution. It may be clarified that this deficient period can be covered only by going back to the same institution from where he has earlier obtained the
degree which has now been surrendered.
vii) The screening test required to be undergone by the candidates will be the same as conducted by the All India Insti-tute of Medical Sciences, New Delhi for the candidates desirous of admission in the post-graduate courses in the institute. The Council was of the view that this test would be most appropriate to test the provisional knowledge of medical graduates of insti-tution in
Russian Federation & Other CIS countries.”
4. So far as clause (vii) of the Resolution is concerned, it relates to the screening test required to be undergone by the candidates covered by clause (v). It appears to us appropriate that the standard of the screening test to be undergone by the candidates should be of the standard of the M.B.B.S. and not of the Post-Graduate Course of All India Institute of Medical Sci-ences as suggested in the Resolution.
5. With the above modification we accept the Resolution of MCI and as an interim arrangement, we direct that those of the candi-dates who are covered by any of the categories mentioned in clauses (i) to (vii) of the Resolution (supra) and are agreeable to the suggestions contained therein shall get the benefit of the Resolution to the extent applicable to each one of them.
6. The candidates, who get benefit under the aforesaid Resolution of the Council and are entitled to registration, shall be regis-tered provisionally within four weeks from the date they apply for such registration.
7. It is clarified that the benefit being taken by any of the candidates is without prejudice to any submissions which may be made in the pending appeals at the time of final hearing.
8. The appeals, to the extent they survive, shall be heard on the SLP paper books. Additional documents, if any, may be filed within eight weeks. Liberty to mention after service and plead-ings are complete.
1. Delay condoned in SLP (C) …… (cc. 2186-2190)
2. Leave granted in all the petitions.
3. During the course of hearing, certain suggestions were made and the learned Solicitor General was requested to seek instructions from Medical Council of India with a view to miti-gate the hardship being faced by the Graduates of Medical Schools/Colleges, Russia. In response, an affidavit has been filed by Dr. K.K. Arora, Joint Secretary, Medical Council of India, in which it has been stated that the General Body of the Medical Council of India met on 31st March, 2000 and resolved as follows :
“The Executive Committee in order to remedy the various problems which have arisen on account of the break-up of Soviet Union, as a one time measure decided to place the following possible solutions for consideration by the Hon’ble Supreme Court :-
i) In the view of the Medical Council any student who has obtained less than 50% marks in Physics, Chemistry & Biology in the 10+2 examination would not at all be eligible for registra-tion. This in the considered view of the Council is an absolute imperative in the larger interest of public health.
ii) MCI recognised institutions which impart 6 years of medical education with one year’s of internship. Therefore, degrees issued by such recognised institutions to students who have put in 6 years of medical education and have successfully completed the course and obtained the degree and thereafter have completed one year of internship (both in recognised institu-tions) would be recognised by MCI and will be considered eligible for provisional/permanent registration as the case may be.
iii) In relation to students who have completed 6 years of medical education, out of which initial period of not more than 4 months was in an unrecognised institution, and the rest in a recognised institution the MCI will accept their request for registration upon their completing 16 months of internship.
iv) The students who have completed 6 years of medical education but have studied more than 4 months but not more than 6 months in an unrecognised institution (and the rest in a recog-nised institution) should be required to undergo an additional internship of 12 months over and above the usual internship of 12 months i.e. total internship of 24 months.
v) In case of the students who have studied 5 1/2 years of medical education (although in a recognised institution) would appear in an examination and upon being successful (in not more than 3 attempts) will be required to undergo regular 12 months of internship after which they would be considered for registration.
vi) In all other cases, where the candidate is otherwise qualified (i.e.) he has obtained more than 50% marks in Physics, Chemistry and Biology in the 10+2 examination but has put in less than 5 1/2 years in a recognised institution (whether on account of a compressed course or on account of putting in more than 6 months in an unrecognised institution), the candidate may be require to surrender his degree to his recognised institution, complete the deficient period so as to have completed 6 years of medical education in the same recognised institution and there-after obtain a fresh degree from the said recognised institution. It may be clarified that this deficient period can be covered only by going back to the same institution from where he has earlier obtained the
degree which has now been surrendered.
vii) The screening test required to be undergone by the candidates will be the same as conducted by the All India Insti-tute of Medical Sciences, New Delhi for the candidates desirous of admission in the post-graduate courses in the institute. The Council was of the view that this test would be most appropriate to test the provisional knowledge of medical graduates of insti-tution in
Russian Federation & Other CIS countries.”
4. So far as clause (vii) of the Resolution is concerned, it relates to the screening test required to be undergone by the candidates covered by clause (v). It appears to us appropriate that the standard of the screening test to be undergone by the candidates should be of the standard of the M.B.B.S. and not of the Post-Graduate Course of All India Institute of Medical Sci-ences as suggested in the Resolution.
5. With the above modification we accept the Resolution of MCI and as an interim arrangement, we direct that those of the candi-dates who are covered by any of the categories mentioned in clauses (i) to (vii) of the Resolution (supra) and are agreeable to the suggestions contained therein shall get the benefit of the Resolution to the extent applicable to each one of them.
6. The candidates, who get benefit under the aforesaid Resolution of the Council and are entitled to registration, shall be regis-tered provisionally within four weeks from the date they apply for such registration.
7. It is clarified that the benefit being taken by any of the candidates is without prejudice to any submissions which may be made in the pending appeals at the time of final hearing.
8. The appeals, to the extent they survive, shall be heard on the SLP paper books. Additional documents, if any, may be filed within eight weeks. Liberty to mention after service and plead-ings are complete.
