Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. SURESH KUMAR, J.
Sadhiya Siyad – Appellant
Versus
State Of Kerala – Respondent
W.P.(C) Nos. 2992, 12544 and 18825 of 2021
Decided On : 20-10-2021
Indian Medical Council Act, 1956 - Sections 13(4B) and 13(3) - TCMP Act - Section 23 – Obtaining medical qualification without obtaining Eligibility Certificate - Affidavit - Seeking medical qualification from a medical institution abroad - Whether a person who has not undertaken internship as part of medical course undertaken by him/her abroad is eligible to appear in Screening Test provided for under Section 13(4A) of IMC Act - Whether a person who obtains Eligibility Certificate in terms of Section 13(4B) of IMC Act after taking admission in a medical institution abroad, be denied enrolment on a State Medical Register, if he/she satisfies all other eligibility criteria for same - Whether a person who obtains a medical qualification from a medical institution abroad and undertakes one year internship thereafter in country of education and satisfies all other eligibility criteria for enrolment on a State Medical Register be insisted to undergo CRRI for said purpose - Whether State Medical Council functioning under TCMP Act is empowered to take decisions in nature of Ext.P21 – Petitioner a citizen of India, after clearing Senior Secondary Certificate Examination from a school affiliated to Central Board of Secondary Education joined Dubai Medical College for Girls - Obtaining medical qualification without obtaining Eligibility Certificate insisted in terms of Section 13(4B) of Indian Medical Council Act, 1956.
Finding of the court: Court in said case that since said decision is one issued in public interest to ensure foreign medical graduates to get acclimatized with diseases and requirements of treatment in State - medical qualification granted by any medical institution in any country outside India recognised for enrolment as medical practitioner in that country is entitled to be enrolled on any State Medical Register, if he qualifies Screening Test. Similarly, Regulation 11 of Regulations also confers right to claim permanent registration from State Medical Councils on candidates who have undergone internship as part of medical course undertaken by them abroad and have qualified Screening Test - State Medical Council, it is seen that decision of State Medical Council was under challenge and challenge was repelled by this Court holding that same does not contravene any of provisions of IMC Act and regulations made thereunder.
Result: Writ petitions are disposed of
JUDGMENT :
P.B. SURESH KUMAR, J.
The questions arise for consideration in these writ petitions instituted by the same person are common and they are, therefore, disposed of by this common judgment. The cases relate to the right of the petitioner to obtain registration with the second respondent, the Travancore Cochin Medical Council (the State Medical Council) to practice medicine in terms of the Travancore Cochin Medical Practitioners Act, 1953 (the TCMP Act).
2. The parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C) No.18825 of 2021.
3. The petitioner, a citizen of India, after clearing the Senior Secondary Certificate Examination from a school affiliated to the Central Board of Secondary Education joined Dubai Medical College for Girls during September, 2014 for obtaining medical qualification without obtaining Eligibility Certificate insisted in terms of Section 13(4B) of the Indian Medical Council Act, 1956 (the IMC Act) in order to become eligible to seek medical qualification from a medical institution abroad. Later, during 2017, the petitioner applied to the then Medical Council of India (the Medical Council of India) and obtained Eligibility Certificate. The petitioner graduated the medical course during May, 2019. Thereupon, she underwent one year internship in the various teaching hospitals under the Dubai Health Authority from 21.07.2019 to 19.09.2020 as per the norms prevailing in that country in order to become eligible to be enrolled as a medical practitioner therein. On completion of the internship, the petitioner cleared the licensing examination conducted by the Dubai Health Authority for registration as medical practitioner and obtained registration for the said purpose on 18.11.2020. In the meanwhile, during June, 2019, the petitioner cleared the Screening Test in terms of Section 13(4A) of the IMC Act in order to become eligible to be enrolled in a State Medical Register in India as well.
4. It is stated by the petitioner that on the strength of the medical qualification obtained by the petitioner from the medical institution abroad and the qualification in the Screening Test, she is entitled to practice medicine in India and with a view to practice medicine in the State of Kerala, the petitioner preferred an application on 18.01.2020 to the State Medical Council for provisional registration. On the said application, the State Medical Council directed the petitioner to file an affidavit stating, among others, that the provisional registration will not be used by her for any purpose other than doing Compulsory Rotatory Residential Internship (CRRI) in any one of the institutions approved by the Medical Council of India. Ext.P11 is the communication issued by the State Medical Council to the petitioner in this regard. In response to Ext.P11 communication, the petitioner submitted Ext.P12 affidavit before the State Medical Council on the above lines and obtained provisional registration with them on that basis.
5. According to the petitioner, since she has already undergone internship in the country of education as part of the medical course undertaken by her, she is entitled to permanent registration straightaway in the State. As such, after having obtained the provisional registration, the petitioner instituted W.P.(C) No.2992 of 2021 before this Court seeking, among others, a declaration that she is entitled to permanent registration to practice medicine in the State and also for a direction to the State Medical Council to grant permanent registration to her.
6. During the pendency of W.P.(C) No.2992 of 2021, the petitioner submitted a representation to the State Medical Council seeking permission to undertake a medical course in a private hospital. Since the said representation of the petitioner was not considered by the State Medical Council, the petitioner instituted W.P.(C) No.12544 of 2021 seeking, among others, a direction to the State Medical Counc
A person who obtains medical qualification granted by medical institutions outside India recognised for enrolment as medical practitioner in that country and who clears Screening Test in terms of Sec....
Insofar as Eligibility Certificate is not institution specific and insofar as first respondent has no case that dehors institution in which petitioner has undertaken medical course, petitioner was no....
The judgment established that candidates seeking admission to an MBBS course in India must meet the eligibility criteria, including obtaining a specified percentage of marks in relevant subjects, as ....
Eligibility for screening tests under Indian medical qualifications requires minimum qualifying marks as per statutory provisions, which the petitioner did not meet, justifying the denial of the elig....
The court upheld that only recognized foreign qualifications can lead to registration, emphasizing compliance with MCI standards and screening tests.
The Indian Medical Council Act prevails over state regulations, and the insistence on compulsory internship for foreign medical graduates was deemed arbitrary and illegal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
