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2018 Supreme(SC) 1507
SUPREME COURT OF INDIA
Arun Mishra, Uday Umesh Lalit, , JJ.
Medical Council Of India & Ors. - Appellants
Versus
Aiman Kamal & Ors. - Respondents
Civil Appeal No. 3952 of 2018, 3960 of 2018
Decided On : 18-04-2018
Vikas Singh, Adv., Gaurav Sharma, Adv., Dhawal Mohan, Adv., Abhishek Shrivastav, Adv., Prateek Bhatia, Adv., Jeewesh Prakash, Adv., Shantanu Sagar, Adv., Gopal Singh, Adv., Shivam Singh, Adv., Parul Shukla, Adv., Nayar, Adv., Prashant Singh, Adv.
The main legal point established in the judgment is the recognition of qualifications obtained from recognized institutions outside India, subject to fulfilling the eligibility criteria and passing the screening test prescribed by the Medical Council of India.
Headnote:
Eligibility - MBBS Course - Interpretation of Regulations on Graduate Medical Education
Fact of the Case:
The case involved the eligibility of a candidate for the MBBS course as prescribed by the Medical Council of India Regulations on Graduate Medical Education, 1997. The candidate had completed her MBBS from a recognized institution in Nepal but had not completed the required two years' course with the subject of Biology.
Finding of the Court:
The court found that the candidate's qualification obtained from the recognized university in Nepal was valid in India, subject to qualifying the screening test prescribed by the Medical Council of India. The court did not interfere with the impugned judgment but clarified that it should not be treated as a precedent in any other matter.
Issues: The main issue was the interpretation of the eligibility criteria for the MBBS course as per the Medical Council of India Regulations on Graduate Medical Education, 1997, and its amendment in 2018.
Ratio Decidendi: The court applied the interpretation of the Delhi High Court, which emphasized that by attending the practical course as a regular student, the qualification ought to have been obtained and all the requisite subjects should be cleared together. The court also considered the recognition of the candidate's qualification obtained from a recognized university in Nepal.
Final Decision: The appeal was disposed of, and the court clarified that the candidate's qualification obtained from the recognized university in Nepal was valid in India, subject to qualifying the screening test prescribed by the Medical Council of India.
ORDER
1. In C.A. No.3952/2018 @ SLP (C) No.35683/2016
2. Heard learned counsel for the parties.
3. Leave granted.
4. The question arises with respect to the eligibility of the candidate for MBBS Course as prescribed by the Medical Council of India Regulations on Graduate Medical Education, 1997 (in short 'the Regulations') as provided in Regulation 4(2) same is extracted hereunder:
"4(2) He/She has passed qualifying examination as under:
(a)The higher secondary examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher Secondary Examination after a period of 12 years study, the last two years of study comprising of physics, Chemistry, Biology and Mathematics or any other elective subjects with English at a level not less than the core course for English as prescribed by the National Council for Educational Research and Training after the introduction of the 10+2+3 years educational structure as recommended by the National Committee on education.
Note: Where the course content is not as prescribed for 10+2 education structure of the National Committee , the candidates will have to undergo a period of one year pre -professional training before admission to the Medical colleges.
5. Now the regulation has undergone some change. The Regulations have been amended in the year 2018 by way of Regulations on Graduate Medical Education (Amendment), 2017 notified on 22nd January, 2018. In Regulation 4 (2)(a) following proviso has been added:
"In clause 4, under the heading Admission to the Medical Course-eligibility criteria and in sub clause 4(2)(a), the following proviso shall be added:
Provided that two years of regular and continuous study of Physics, Chemistry, Biology/Biotechnology taken together shall be required at 10+2 level for all the candidates. Candidates who have passed 10+2 from Open Schools or as Private candidates shall not be eligible to appear for National Eligibility-cumEntrance Test. Furthermore, study of Biology/Biotechnology as an Additional Subject at 10+2 level also shall not permissible."
6. The High Court of Delhi has interpreted the unamended Regulation vide judgment and order dated 29.09.2006 in WP(C) No. 12487 of 2006 has interpreted the provision in the spirit that by attending the practical course as regular student qualification ought to have been obtained and all the requisite subjects should be cleared together.
7. The aforesaid opinion expressed by learned Single Judge was affirmed by the Division Bench in LPA No. 2033 of 2006 vide order dated 31.05.2007. Against the said order, special leave petition bearing No. 13571 of 2007 was preferred in this Court and that was also dismissed by this court on 17.08.2007. That is how the order passed by the High Court has attained finality.
8. However in the instant case, we need not go into various questions as the respondent has done MBBS from National Medical College Birgunj, Nepal which is one of the recognised institution by Tribhuvan University, Kathmandu. She has completed her final examination in the year 2014 from the said college. Thereafter she completed one year course to appear in Biology paper of 2006 as she has not done two years' course with the subject of Biology. As such applying the decision rendered by the Delhi High Court which appears to be appropriate, we have to non suit the respondent. However, at the same time she has done the MBBS from recognised university and has obtained the requisite degree from Nepal.
9. In the peculiar facts and circumstances of the case, we are not interfering with the impugned judgment but make it clear that it should not be treated as precedent in any other matter. As qualification obtained by the respondent no.1 is recognised one in India and subject to qualifying the screening test to be conducted as prescribed by the Medical Council of India (in short 'the MCI'), obviously, she has to be registered.
10. Accordingly, the appeal stands disposed of.
IN C.A. No.3960/2018 @ SLP (C)
