JUDGMENT

Rajendra Babu, J.-

Civil Appeal Nos. 2779/2000, 2808/2000, 2809/2000, 2811-2863/2000, 2787-2803/2000, 2804/2807/2000, 2810/2000, 2782-2786/2000

Writ Petitions were filed in different High Courts by persons who had undergone courses in medicine in medical colleges in the erstwhile USSR. After disintegration of USSR, their admissions ran into difficulties either not having studied in recognised colleges or partly in recognised and partly in non-recognised colleges or they had not completed their course in full. The Medical Council of India (for short MCI ) also entertained serious doubts as to the genuineness of some courses undergone by various students, thus leading to difficulties on the question of recognising their degrees and their registration as Medical Practitioners. MCI took the stand that when their initial admission in non-recognised institution could not be accepted, their transfer to recognised colleges subsequently cannot be of any benefit. MCI also passed various types of orders either during the pendency of the proceedings before the courts or otherwise in relation to recognition of the degrees or registration of such persons as practitioners. The Delhi High Court allowed those writ petitions and granted reliefs to the concerned doctors which orders stood affirmed on appeal, while Allahabad High Court granted interim order, which stood affirmed on appeal MCI is in appeal before us.

2. Several contentions have been raised in support of the orders under appeal and opposing them. In fact, this Court also made an interim order on April 17, 2000.

3. This Court, while hearing this matter on different occasions, made the observations in the best interest of all concerned that the Government of India should formulate an appropriate policy bearing in mind the human problem arising in relation to the doctors in question.

4. Now, Section 13 of the Indian Medical Council Act, 1956 [hereinafter referred to as the Act ] has been amended by Act No. 34 of 2001 which would cover situations as arising in the present cases. The Regulations for conduct of the screening test and for issue of Eligibility Certificate by the MCI to the students proceeding abroad for studies in medicine have been approved by the Government of India and sent to the MCI. The MCI has sent the same on 18.2.2002 to the Government of India Press for publication in the Gazette and those Regulations, in brief, provide as follows:

(i) An Indian citizen possessing a primary medical qualification awarded by any of the medical institutions outside India and desirous of getting provisional or permanent registration with the Medical Council of India or any State Medical Council on or after 15.3.2002 shall have to qualify a Screening test conducted by the prescribed authority for the purpose of their registration in India. A person seeking permanent registration shall not have to qualify the Screening test if he or she had already qualified the same before getting his or her provisional registration.

(ii) The primary medical qualification possessed by the Indian citizen should be a recognised medical qualification for enrolment as medical practitioner in the country in which the institution awarding the said qualification is situated.

(iii) Any Indian citizen who is desirous of taking admission in an undergraduate medical course abroad on or after 15th March, 2002 shall have to obtain an Eligibility Certificate from the MCI stating that he or she fulfils the minimum eligibility criteria laid down by the MCI for admission in MBBS course in India. He shall also have to produce the same at the time of appearing in the Screening test, after completion of his degree abroad, for the purpose of obtaining registration in India.

5. Under the provisions of the Act a person has to successfully complete compulsory intership of one year after getting provisional registration and all persons who applied for provisional registration and have to do the internship on or aft