Registrar, Travancore-Cochin Medical Council – Appellant
Versus
Sadhiya Siyad – Respondent
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 di
The Indian Medical Council Act prevails over state regulations, and the insistence on compulsory internship for foreign medical graduates was deemed arbitrary and illegal.
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....
(1) Grant of Medical Degree – National Medical Commission is not bound to grant provisional registration to student who has not completed entire duration of course from Foreign Institute including cl....
The court upheld that only recognized foreign qualifications can lead to registration, emphasizing compliance with MCI standards and screening tests.
The court upheld the two-year internship requirement for foreign medical graduates, emphasizing the necessity of adequate practical training due to pandemic-related disruptions.
The eligibility of Foreign Medical Graduates for one-year internships can be determined by verifying their compensatory studies conducted offline, as specified by National Medical Commission guidelin....
The court reinforced the principle of natural justice, ruling that administrative decisions affecting rights require due process, including notice and an opportunity to be heard.
The central legal point established in this judgment is the conflict between the duration of the petitioner's medical course and the regulations for recognition of foreign medical degrees in India, a....
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