IMPORTANT POINT
The Indian Medical Council Act prevails over state regulations, and the insistence on compulsory internship for foreign medical graduates was deemed arbitrary and illegal.

JUDGMENT :

S.Manu, J.

First respondent in all these appeals joined Dubai Medical College for girls in September, 2014 for a medical degree course. She graduated in May, 2019. From 21.7.2019 to 19.9.2020 she underwent one year internship in various teaching hospitals in Dubai. She cleared licensing examination of the Dubai Health Authority and obtained registration as Medical Practitioner on 18.11.2020. In June, 2019 she cleared screening test as per Section 13(4A) of the Indian Medical Council Act. On 18.1.2020, she submitted application to State Medical Council, the appellant herein for provisional registration. By Ext.P11 the appellant directed the 1st respondent to file an affidavit stating inter alia that provisional registration will not be used for any purpose other than doing Compulsory Rotatory Residential Internship (CRRI). First respondent submitted affidavit as demanded and obtained provisional registration. Thereafter, she filed W.P.(C)No.2992/2021 mainly for a declaration that she is entitled to permanent registration to practice medicine in the State and also for a direction to the appellant to grant permanent registration to her. She filed W.P.(C)No.12544/2021 for a direction to the appellant after submitting a representation seeking permission to undertake a medical course in a private hospital. W.P.(C)No.18825/2021 was filed by the 1st respondent challenging the decision of the appellant to insist for one year training in institutions approved by MCI for permanent registration.

2. The appellant resisted all the above mentioned writ petitions. The learned Single Judge heard the writ petitions together and by a common judgment dated 20.10.2021 disposed the cases directing the appellant to permit the 1st respondent to apply for permanent registration and to grant permanent registration without insisting her to undergo CRRI if the application is otherwise in order. Appellant, aggrieved by the common judgment dated 20.10.2021, has preferred W.A.No.260/2022 against the judgment in W.P.(C)No.2992/2021, W.A.No.261/2022 against the judgment in W.P.(C)No.18825/2021 and W.A.No.270/2022 against the judgment in W.P.(C)No.12544/2021.

3. The issue arising for consideration is regarding the decision dated 20.10.2017 by which the minutes of the meeting dated 04.08.2017 of the appellant Medical Council to insist for internship in India for all foreign medical graduates was approved. The appellant Council decided that from 1.1.2018 those persons who secured foreign degree can apply for permanent registration only after completing one year training in institutions approved by the MCI. It was further decided that the same is applicable to persons who had already completed training in that country.

4. The above mentioned decision of the appellant Council led to several litigations. In W.P.(C)No.39576/2018 a learned Single Judge held that the intention behind the decision of the appellant Council is in public interest and there is no violation of any statutory provisions committed by the appellant Council in taking such a decision and issuing a consequential circular. The view taken by another learned Single Judge in the judgments impugned in these writ appeals is contrary to the view taken in W.P.(C)No.39576/2018. We note that this is a specific ground raised by the appellant to contend that the proper course ought to have been adopted by the learned Single Judge who rendered the impugned common judgment was to refer the matter for consideration by a Division Bench. The learned Single Judge who has rendered the impugned common judgment took note of the judgment in W.P.(C)No.39576/2018 and adopted a different view for reasons specifically stated in paragraph 24 of the impugned judgment.

5. We heard Sri.N.Reghuraj, learned Senior Counsel for the appellant, Sri.Santhosh Mathew, learned Senior Counsel for the party respondent as also the learned Standing Counsel for the National Medical Commission. We are of the view that elaborate discussio