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2001 Supreme(Bom) 766
IN THE HIGH COURT OF BOMBAY
A.P. Shah S.J. Vazifdar, JJ.
Cherie Ginwalla (Dr.) .... Petitioner.
Versus
Medical Council of India others.... Respondents.
Writ Petition No. 2370 of 2000, decided on 18-8-2001.
Advocates appeared :
C.U. Singh i/b. Sanjay Udeshi, for petitioner.
Mrs. Simran Puri i/b. De Jure, for respondent No. 1.
R.K. Sharma with Mrs. Veena Kumar, for respondent No. 3.
The central legal point established in the judgment is the entitlement of individuals possessing recognized medical qualifications to be enrolled on any State Medical Register under the Indian Medical Council Act, 1956.
Headnote:
Indian Medical Council Act - Registration - Section 2, Section 12, Section 13(4), Section 15, Section 21, Section 23, Section 25 - The court discussed the relevant provisions of the Indian Medical Council Act, including the definitions of medical register and recognized medical qualification, the recognition of medical qualifications granted by medical institutions outside India, the right of persons possessing qualifications to be enrolled, and the registration in the Indian Medical Register. The court highlighted the requirements for recognition and registration under the Act and emphasized the entitlement of the petitioner to be registered as a medical practitioner under the Act.
Fact of the Case:
The petitioner, a citizen of India, sought registration under the Indian Medical Council Act, 1956, based on her qualifications in the field of Medicine from the University of Southern California. The petition involved two aspects: the alleged failure of the respondent to process the proposal for recognition of the M.D. degree and the entitlement of the petitioner to be registered under the Act.
Finding of the Court:
The court found that the petitioner was entitled to be registered as a medical practitioner under the Indian Medical Council Act, 1956, based on her qualifications and training, and that the respondent's indifferent attitude towards the proposal for recognition was disconcerting.
Issues: The issues involved the recognition of the petitioner's qualifications and the entitlement to registration under the Indian Medical Council Act, 1956.
Ratio Decidendi: The court held that the petitioner fulfilled the requirements for recognition and registration under the Act, emphasizing the provisions related to recognized medical qualifications and the entitlement of persons possessing such qualifications to be enrolled on any State Medical Register.
Final Decision: The petition was allowed, and the court ordered the petitioner to be registered as a medical practitioner under the Indian Medical Council Act, 1956.
2. The petitioner is a citizen of India. Having acquired certain qualifications in the field of Medicine from the University of Southern California, she wishes to have herself registered under the Indian Medical Council Act, 1956. The second respondent is the Registrar of the Maharashtra Medical Council. The third respondent is the Union of India.
3. There are two aspects to this petition. The first relates to the alleged failure of respondent No. 1 in discharging its statutory obligations under the Indian Medical Council Act, 1956 (hereafter referred to as the I.M.C. Act), in not processing the proposal for recognition of the M.D. degree made by the University of Southern California from which the petitioner graduated. The second aspect pertains to the entitlement of the petitioner to be registered under the I.M.C. Act in view of her having acquired a qualification included in Part II of the Third Schedule to the I.M.C. Act and also having undergone the training as required under section 12(2) of the I.M.C. Act.
4. It would be convenient at the outset to set out the relevant provisions of the I.M.C. Act.
"Section 2. Definitions:
(d) "Indian Medical Register" means the medical register maintained by the Council;
(e) 'Medical institution" means any institution, within or without India, which grants degrees, diplomas or licenses in medicine;
(h) 'Recognised medical qualification" means any of the medical qualifications included in the Schedules;
(k) "State Medical Registrar" means a register maintained under any law for the time being in force in any State regulating the registration of practitioners of medicine."
"Section 12. Recognition of medical qualifications granted by medical institutions in countries with which there is a scheme of reciprocity.---(1) The medical qualifications granted by medical institutions outside India which are included in the Second Schedule shall be recognised medical qualifications for the purpose of this Act.
(2) The Council may enter into negotiations with the authority, in any. (***) country outside India which by the law of such (***) country is entrusted with the maintenance of a register of medical practitioners, for the settling of a scheme of reciprocity for the recognition of medical qualifications and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette amend the Second Schedule so as to include therein the medical qualification which the Council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the second schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date.
(3) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the second schedule by directing that an entry be made therein in respect of any medical qualification declaring that it shall be a recognised medical qualification only when granted before a specified date.
(4) Where the Council has refused to recommend any medical qualification which has been proposed for recognition by any authority referred to in sub-section (2) and that authority applies to the Central Government in this behalf, the Central Government, after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and the provisions of sub-section (2) shall apply to such notification."
"Section 13(4). The Central Government, after consulting the Council, may by notification in the Official Gazette, amend Part II of the Third Schedule so as to include therein any qualification granted by a medical institution outside India which is
