The qualifications obtained from universities in Pakistan, which were included in the Second Schedule of the Indian Medical Council Act, 1956, did not confer the legal right to practice or be registered in India after the omission of the entries from the Second Schedule in 1999.

F. I. REBELLO, J.

( 1 ) RULE. Heard forthwith. These petitions are being disposed of by common order as the facts are similar and they involve the same question of law. All the petitioners have passed M. B. B. S. Degree from universities in Pakistan. They approached this court placing reliance on a Notification dated 14th February, 1992. By that Notification in exercise of the powers under sub-section (3) of Section 12 of the Indian Medical Council act, 1956 the Central Government after consultation with the Medical Council of India amended the Second Schedule and included the following Universities from Pakistan with the degree as notified in the Second Schedule. The universities were :- university of Sind M. B. B. S. Bachelor of medicine and Bachelor of Surgery U. Karachi. University of Sind M. B. B. S. Bachelor of medicine and Bachelor of Surgery U. Sind.- university of Punjab M. B. B. S. Bachelor of Medicine and Bachelor of Surgery U. Punjab.

( 2 ) ON behalf of the respondents various replies were filed. After hearing the petitioners and respondents for sometime, prima facie we were of the view that as the degree obtained by the petitioners fell within the Second Schedule by virtue of Section 12, they would be entitled to be registered either with the Medical Council of India or ti ; State medical Council. In view of that, respo; 'lilts were called upon to file their reply to the notification.

( 3 ) AT the last hearing on behalf of the Union of India, learned Additional Solicitor general has produced before us a subsequent notification dated 17th November, 1999 by which the three entries which were included in schedule II of Notification dated 14th February, 1992 have been deleted from the Second schedule. In other words those entries no longer form part of the Second Schedule from 17th November, 1999.

( 4 ) ON behalf of the petitioners their learned Counsel contends that considering the language of Section 15 and Section 12 of the indian Medical Council Act, 1956, once the petitioners had obtained qualifications after the amendment to the Schedule and before its omissions in 1999, they were entitled to practice within the territorial limits of India and entitled to be registered either with Medical Council of india or the State Medical Council. Learned counsel wants us to read the expression "sufficient qualification" for enrolment in section 15 to mean recognised qualification. We are afraid that cannot be done. It is a normal rule of construction that in the first instance, the language must be read as it stands and only in the event it is incapable of construction, then to apply other modes of construction. In the instant case the expression "sufficient qualification" has to be seen in the context of the Schedule. Persons having qualification as set out in Schedule III cannot as a matter of course practice unless they are Citizens of India and pass qualifying tests as prescribed. It is in that context that Section 15 has used the expression "sufficient qualification" and not 'recognised qualification'. It is, therefore clear that, in Section 15 the expression sufficient qualification cannot be read to mean recognised qualification.

( 5 ) THE question, therefore, is whether the petitioners considering the facts that between 1992 and 1999 obtained the degree qualifications of University of Sind and university of Punjab respectively and which were included in the Second Schedule are entitled to be registered with the Medical council of India even though they did not apply for registration before the omission of the entries in the Second Schedule. Admittedly all the petitioners had applied after 2000. In other wards they do not belong to that class of persons who may have applied between the years 1992 and 1999. We are, therefore, not called upon to consider the case of that class of persons who may have been registered, but on account of subsequent events of deletion may not be able to practice. We are concerned