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2018 Supreme(Del) 2683

S.RAVINDRA BHAT, A.K.CHAWLA
SHAHUL HAMEED K. S. – Appellant
Versus
MEDICAL COUNCIL OF INDIA – Respondent


Advocate Appeared:
For the Appellant :Sh. Prashanto Sen, Sh. Viraj Kadam and Sh. Kaustubh Singh, Advocates.
For the Respondent:Sh. Vikas Singh, Sh. T. Singhdev, Ms. Amandeep Kaur, Ms. Puja Sarkar, Ms. Michelle Biathansangi Das, Sh. Tarun Verma, Sh. Abhijit Chakravarty, Sh. Jaswant Rai Aggarwal and Sh. Vikrant Goyal, Advocates

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The petitioners in these proceedings challenge the validity of amendments to the Foreign Medical Institution Regulations, 2002 (hereafter “the eligibility regulations”) and the Screening Test Regulations, 2002 (hereafter “the screening test regulations”) made by the respondent, Medical Council of India (hereafter “MCI”). They complain that the impugned amendments are arbitrary and unreasonable.

2. The eligibility requirement for admission in an undergraduate medical course in a foreign medical college or university was sought to be regulated by the eligibility regulations framed by MCI. Framed in 2002, the eligibility regulations required that Indian citizens who “passed the qualifying examination either from India or an equivalent examination from abroad and is desirous of joining an undergraduate medical course in any foreign medical institution” had to approach it (the MCI) for the purpose, on or after 15th March, 2002. A “qualifying examination” was defined as one which spelt out the eligibility of a candidate for admission to MBBS course in India as prescribed in the Regulations on Graduate Medical Education, 1997. The eligibility regulations en






























































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