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Foreign Medical Graduates with Multi-College Degrees Barred from :
The
has dismissed a petition by Indian citizens who obtained medical degrees from multiple foreign institutions, upholding the
's decision to bar them from appearing in the Foreign Medical Graduate Examination (
). The division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia ruled that allowing fragmented education across different foreign colleges would
"compromise the quality of medical professionals in the country."
The Challenge
The petitioners, who studied at institutions including and later at , challenged , which requires foreign medical degrees to be confirmed by the . They also contested , mandating or of foreign degrees. The petitioners argued that these requirements exceeded the powers granted under the Act, 1956 and were arbitrary.
Arguments Presented
Senior Advocate , representing the petitioners, contended that the 2009 amendment to Regulation 4(1) arbitrarily excluded institutions listed in the 's World Directory of Medical Schools. He further argued that Section 13(4A) of the IMC Act does not prescribe by the , making Clause 2.14 . The petitioners claimed that had validated their Micronesia degrees under a , thus satisfying eligibility requirements.
Respondents, including the
and the
, countered that
was necessary to prevent fake qualifications. They highlighted that the
in Manila had found
to have "grossly inadequate infrastructure," including a "namesake laboratory" and absence of proper faculty. The Commission argued that fragmented education produces "
" who cannot be allowed to
"play with the health of the people."
Court's Analysis
The Court rejected the challenge to Regulation 4(1), observing that the expert body's decision to exclude unverified foreign institutions was based on relevant considerations and warranted no judicial interference under . On Clause 2.14, the bench held that or is a mere process causing no prejudice to candidates and is necessary to exclude those relying on fake qualifications.
The Court distinguished the earlier judgment in , noting that the earlier case dealt with an , whereas the present provisions only require . Crucially, the bench relied on the 's decision in , which emphasized that screening tests prevent "" from endangering patients.
Key Observations
The Court made significant remarks on fragmented medical education, stating:
"Any medical qualification based on a
in different medical colleges... if treated as an eligible PMQ, the same will not be in
as it will certainly amount to compromising the quality of medical professionals in the country."
On the
requirement, the bench observed:
"
of a document submitted by any candidate claiming his eligibility on the basis of said document... is necessary so as to enable the examination conducting body to be in a position to exclude those candidates from appearing in the examination who seek their appearance on the basis of fake or false educational qualifications."
The Verdict
Dismissing the along with pending applications, the Court held that the petitioners' fragmented education across multiple institutions could not be considered a valid . The decision reinforces the NMC's authority to enforce strict for foreign medical graduates, ensuring that only candidates with genuine, continuous education from verified institutions can appear for the and ultimately practice medicine in India. No order as to costs was made.
