The main legal point established in the judgment is that the MCI does not have the power to recognize or de-recognize foreign institutions under Sections 13 (4a) and (4b) of the Indian Medical Council Act, and that a citizen of India is entitled to study and possess any primary medical qualification in any institute mentioned in Regulation 4 of the Screening Test Regulations, regardless of recognition by the MCI.

SANJIV KHANNA, J.

( 1 ) THIS common judgment will dispose of Writ Petition (Civil)Nos. 12792-97/2006 titled Ishaan Kaul and others v. Medical Council of India and another and LPA Nos. 1622-29/2006 titled abhishek Kr. Dwivedi and others versus medical Council of India and another.

( 2 ) THE common issue involved pertains to interpretation of Indian Medical Council Act, 1956 (hereinafter referred to as Act, for short)and in particular Sections 13 (4a) and (4b ). The issue also pertains to the scope and power of the Medical Council of India (hereinafter referred to as MCI, for short) in issuing eligibility certificate to a student who wants to study medicine outside India.

( 3 ) TO control and regulate medical education and practice in modern scientific system of medicine, Parliament has enacted the act. No person can practice as a Doctor in modern scientific system of medicine without being registered with MCI. Registration is granted by MCI to any person, who has studied and obtained degree in medicine from a recognized medical institution in India which grants degrees/diplomas and licenses in medicine. Sections 10a, 10b, 1oc and 11 of the Act deal with permission to establish a medical college, new course of study etc. in medicine in India. They also deal with existing medical colleges and recognition of medical qualification granted by universities or medical institutions in India. The list of medical colleges/institutions in India, which can grant degrees or diplomas, is mentioned in First Schedule to the Act. In the present case, we are concerned with the said Sections and we have not, therefore, referred to said Sections in detail. Section 12 of the Act deals with qualifications granted by medical institutions outside India, which are included in the Second Schedule. Institutions are included in the Second Schedule by the Central Government on the basis of scheme of reciprocity, which is settled after negotiations by the MCI with the authorities of the third country. We are also not concerned with medical institutions/qualifications outside india mentioned in the Second Schedule in the present case. Section 13 of the Act deals with Third Schedule, which has two parts; part I and Part II. Part I of the Third Schedule deals with medical qualifications granted to a citizen of India before 1st day of August, 1947 by a medical institution in the territory now forming part of Pakistan and before the 1st day of April, 1937 by a medical institution in territories now forming part of Burma/myanmar. We are not concerned with the Part I of the Third Schedule. Medical qualifications granted by medical institutes outside India are included in Part II of the Third Schedule. The distinction between section 12 and foreign institutions mentioned in the Second Schedule and Section 13 of the Act is noticed in the later part of this judgment.

( 4 ) SECTION 13, sub-sections (3) and (4) of the Act, read as under:-" (3 ). The medical qualifications granted by medical institutions outside India, before such date as the Central Government may, by notification in the Official Gazette, specify which are included in Part Ilnd of the Third schedule shall also be recognised medical qualifications for the purposes of this Act, but no person possessing any such qualification shall be entitled to enrolment on any state Medical Register unless he is a citizen of India and has undergone such practical training after obtaining that qualification as may be required by the rules or regulations in force in the country granting the qualification, or if he has not undergone any practical training in that country he has undergone such practical training as may be prescribed. (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 not included in the second Schedule. Provide