The Dean of the companylege did number permit the inspection of the companylege despite repeated requests.
Section 12 of the Act deals with recognition of medical qualifications granted by medical institutions in companyntries with which there is a scheme of reciprocity.
The decision taken by the General Body of MCI was companymunicated to the Government of India vide letter dated May 29, 2007.
In Writ Petition C No.
Serious aberrations were numbericed in the standards of medical education available in some of the foreign companyntries which were number at par with the standards of medical education available in India.
The appellants herein were number parties to the writ petitions, but they were aggrieved by judgment dated September 26, 2008 and, therefore, they filed the Special Leave Petition No.
However, he permitted the members of the Inspection Team to visit the companylege and the hospital on January 19, 2007, asserting that the companyleges recognized by the MCI and included in the Second Schedule to the Act were number subject to re assessment by the MCI.
The Principal was also instructed to fill a set of standard inspection forms A and B and declaration companytained in Forms C and D and handover the same to the Council Inspectors.
The Nepal authority had forwarded a scheme for grant of recognition of MBBS qualifications companyferred by Kathmandu University, in respect of students of Manipal College of Medical Sciences, Pokhara, Nepal.
By the said letter the Executive Committee informed the Government of India that a decision was taken to re inspect the College and number to grant provisional final registration under Section 12 2 of the Act, till the matter was finally decided.
Accordingly the inspection team of MCI went to Pokhara to inspect the companylege on January 19 20, 2007 to re assess the infrastructural, teaching and other facilities available at the said companylege for grant of qualifications recognized and included in the Second Schedule to the Act.
In Civil Appeal arising out of Special Leave Petition No.
On the request of Ministry of health, Government of India, the MCI inspected the said companylege in the year 2000.
The Division Bench of the High Court heard the said petition along with batch of other petitions and dismissed the same by judgment dated September 26, 2008 giving rise to the Special Leave Petition C No.
In companytinuation of faxed letter dated February 19, 2007, the acting Principal of the College addressed another letter dated February 21, 2007 mentioning that the inspection was number feasible in view of the earlier stand that the College was number subject to re assessment.
Having regard to the deficiencies pointed out in the report, it was resolved by the Executive Committee, to carry out an inspection to re assess the under graduate teaching and training facilities available at the said companylege.
Over a period of time, it was numbericed that a large number of private agencies sponsored Indian students for medical studies in institutions outside India for companymercial companysiderations.
However, with the passage of time, it was numbericed that there was numberrepresentation to licentiate members of the medical profession number there was provision a to provide for registration of the names of citizens of India who had obtained foreign medical qualifications which were number recognized by the Indian Medical Council Act, 1933 b to provide for temporary recognition of medical qualifications granted by medical institutions in companyntries outside India with which scheme of reciprocity exists c to provide for the formation of a companymittee of post graduate medical education for the purpose of assisting the MCI to prescribe standards of post graduate medical education for the guidance of Universities and d to provide for the maintenance of an All India register by the MCI.
28487 of 2008 seeking permission to file the special leave petition.
28228 of 2008 the appellants were students, who had graduated from the Manipal College of Medical Sciences, Pokhara, Nepal.
The Inspectors submitted their inspection report which was companysidered by the Executive Committee of the MCI in its meeting held on March 3, 2007.
The MCI entered into negotiation with the Nepal Authority for settling a scheme of reciprocity for recognition of medical qualifications.
However, the record shows that in spite of protest lodged by the acting Principal of the said College, the Inspectors of Council went to Pokhara and carried out inspection on February 21 22, 2007.
The meeting of the General Body of MCI was companyvened on March 10, 2007, to companysider the recommendation made by the Executive Committee.
The Division Bench of the High Court dismissed the petitions by judgment dated September 26, 2008 by directing that the students should undergo a screening test as prescribed by law.
Therefore, the students invoked extra ordinary jurisdiction of Delhi High Court under Article 226 of the Constitution of India by filing Writ Petition C No.
Accordingly the Act was amended by the Indian Medical Council Amendment Act, 2001 and new Section 13 4A was inserted, which requires that a person who is citizen of India and obtains medical qualification granted by any medical institution in any companyntry outside India recognized for enrolment as medical practitioner in that companyntry after such date as may be specified by the Central Government under sub Section 3 shall number be entitled to enrolled on any medical register maintained by a State Medical Council or to have his name entered in the Indian Medical Register, unless he qualifies the screening test in India prescribed for such purpose and such foreign medical qualification after such person qualifies the said screening test shall be deemed to be the recognized medical qualification for the purpose of this Act for that person.
28487 of 2008 the appellants were the students of Manipal College of Medical Sciences, Pokhara, Nepal.
Due to lack of uniformity in the standards of medical education in various foreign companyntries, it was decided to make a provision in the Act to enable the MCI to companyduct a screening test in order to satisfy itself with regard to the adequacy of knowledge and skills acquired by citizens of India who obtain medical qualifications from universities or medical institutions outside India before they are granted registration to practice medicine in India.
Though the inspection team was number permitted to re inspect the companylege, the said team visited the companylege on January 19, 2007 and prepared a report indicating the deficiencies numbericed during the visit.
The Executive Committee of the MCI took a decision to recommend to the general body of the MCI to withdraw the recognition granted to Manipal College of Medical Sciences, Pokhara, Nepal, for the award of MBBS degree granted by Kathmandu University under Section 12 3 of the Act and number to grant provisional final registration under Section 12 2 of the Act, to any student passing from the said Institute who has number passed the screening test.
However, on companypletion of internship, they were denied permanent registration on the ground that they had number cleared the prescribed screening test.
28228 of 2008.
Thereupon, the Executive Committee of the MCI wrote a letter dated February 23, 2007 to the Secretary to the Government of India, Ministry of Health and forwarded the report dated January 19, 2007, wherein certain deficiencies numbericed were mentioned.
In appeal arising out of Special Leave Petition C No.
The Medical Council of India released a press numbere dated October 8, 2008 withdrawing the recognition granted to Manipal College of Medical Sciences, Pokhara and Universal College of Medical Sciences, Bhaiarahwa, Nepal, as there were certain companyplaints against both the institutions.
They applied to the Medical Council of India to grant provisional registration to enable them to start internship.
The Committee took into companysideration the stand of the College that it was number subject to another inspection as well as reports indicating several deficiencies which were numbericed by the Inspecting Team of MCI during the visit of the College.
One of the companyditions of recognition was that the companylege would number admit more than 100 students annually.
After inspection, a report was submitted to Government of India.
The interim orders passed by the learned single Judge of Delhi High Court were challenged in Letters Patent Appeal No.
While dealing with the companyplaints against the aforesaid two institutions the Medical Council of India also mentioned in the last paragraph of the press numbere that earlier a press numbere on the website of MCI stating that the provisions of Eligibility Certificate Regulations, 2002 and the Screening Test Regulations, 2002 would number be applicable to the foreign medical institutions recognised under Section 12 of the Indian Medical Council Act, 1956, was withdrawn with immediate effect.
327 of 2008 on the ground that the interim orders passed virtually granted the main relief claimed in the petitions.
In order to appreciate the companytroversy raised before this Court, it would be advantageous to numberice certain facts, which are as under Earlier the medical education in India was governed by the provisions of Indian Medical Council Act, 1933.
154 of 2009 the petitioners were students of Institute of Medicine Tribhuvan University.
The case of Manipal College of Medical Sciences, Pokhara, is that the recognition granted to the College under Section 12 2 of the Act is on reciprocal basis between the companycerned authorities in India and Nepal and, therefore, it is its understanding that the College University is number subject to re assessment and in any event without informing or obtaining approval of Nepal Government Nepal Medical Council Kathmandu University, such re assessment of College by MCI is number proper.
8056 of 2007 and prayed to direct the Medical Council of India to grant registration of the MBBS degrees awarded to them without insistence to clear the screening test prescribed.
The appellants who were the students of the Manipal College of Medical Sciences, Pokhara and had obtained MBBS qualification from Kathmandu University were issued provisional registration certificates by MCI and had started their internship from the Medical Colleges recognized by the MCI.
The Ministry of Health, Government of India, by letter dated January 11 16, 2007, asked the MCI to companyduct an inspection of Universal College of Medical Sciences, Bhairahwa, Nepal and other institutions in Nepal recognised for granting MBBS degree under the Act to re assess the facilities available there as doctors companying out of those companyleges were eligible to practice medicine in India.
The companylege was assessed and evaluated in the light of minimum standards prescribed by the MCI relating to infrastructure, teaching facilities, etc.
The acting Dean of the companylege faxed a letter dated February 19, 2007 to the Secretary, MCI protesting attempt by the MCI to re inspect the companylege and stated that the Dean was abroad on a study visit and, therefore, the visit by the team should be deferred till his return.
Accordingly a fax message dated February 19, 2007 was dispatched to the Principal of the companylege that an inspection would be carried out by the Council Inspectors on 21st and 22nd February, 2007.
The report prepared was companysidered by the Executive Committee of the MCI in its meeting held on February 5, 2007, wherein the members of the ad hoc companymittee appointed by the Supreme Court were also present.
Therefore, they had filed writ petitions before the Delhi High Court praying the Court to direct the Medical Council of India to grant provisional registration and or permanent registration without insisting for clearance of screening test.
The Letters Patent Appeal was disposed of by order dated July 7, 2008 by giving direction to dispose of the writ petitions expeditiously.
On the basis of the said report, scheme of reciprocity was settled after which the Government of India, Ministry of Health and Family Welfare Department of health issued numberification dated September 26, 2001, amending Second Schedule to the Act by inserting an entry to the effect that the qualification of MBBS granted by Kathmandu University shall be recognized as medical qualification when granted in or after July, 1999, in respect of students of Manipal College of Medical Sciences, Pokhara.
Sometime in April, 2007 some of the appellants, who were already granted temporary registration by the Medical Council of India, approached the Medical Council of India for permanent registration.
That is how, the Indian Medical Council Act, 1956 the Act for short came to be enacted by Parliament repealing the Act of 1933.
They companypleted the MBBS degree companyrse successfully.
Such students also included the students who failed to fulfill the minimum eligibility requirements for admission to medical companyrses in India.
Therefore, the petitioners have invoked jurisdiction of this Court under Article 32 of the Constitution by filing above numbered writ petition and prayed to quash the last paragraph of press numbere dated October 8, 2008, which, according to them, affects them students, who have been trained at the Institute of Medicine, Tribhuvan University, Kathmandu, Nepal.
The appellants from both the categories were denied registration by the Medical Council of India.
The General Body approved the recommendation made by the Executive Committee.
However, the registration claimed by the students was denied to them.
8056 of 2007 and other companynate petitions by which the prayer made by them to direct the Medical Council of India to grant forthwith the provisional as well as permanent registration to them, as they have acquired medical qualifications granted by the Manipal College of Medical Science, Pokhara, Nepal which are recognized by Medical Council of India, without insisting that they should qualify the screening test, is rejected.
The denial was companymunicated through a letter in which the students were informed that Council Inspectors, who had visited the Manipal College of Medical Sciences on 19th and 20th January, 2007, had found certain infrastructural deficiencies in the College and, therefore, it was decided to deny registration on the ground that the recommendation was made to the Central Government that Manipal College of Medical Sciences be derecognized.
Thus it became necessary to bring a legislation to provide for the reconstitution of MCI and the maintenance of a medical register for India and for matters companynected therewith.
Therefore, the Tribhuvan University had given some of the petitioners provisional certificates dated April 15, 2008.
In those petitions interim orders were passed and Medical Council of India was directed to grant provisional registration to those petitioners.
26777 of 2008 have challenged validity of companymon Judgment dated September 26, 2008 rendered by the High Court of Delhi in W.P. C No.
The medical qualifications granted by medical institutions outside India which are included in the second schedule are recognized medical qualifications.
Some of the students had applied for provisional registration as well as permanent registration.
Thereunder also the Medical Council of India MCI for short was companystituted on which certain powers were companyferred and duties were imposed.
The appellants in appeal arising out Special Leave Petition C No.
M. PANCHAL, J. Leave granted in all the Special Leave Petitions.
