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Synopsis

The Supreme Court has rejected a plea challenging the regulation brought out by the Medical Council of India requiring further eligibility criteria of qualifying National Eligibility-cum- Entrance Test (NEET), with respect to pursuing undergraduate medical course in a foreign medical institution.

A bench of Justices B R Gavai and K Vinod Chandran said, "The requirement of an eligibility certificate from the Medical Council had been provided by section 13(4B) by an amendment in the year 2001 and the incorporation of sub-Clause (iv) under Clause 8 in the year 2018; mandating qualification in the NEET exam, ensures a fair and transparent procedure in the grant of Eligibility Certificate."

Court said the regulations, especially the additional mandate to satisfy the eligibility criteria, are not ultra vires the Constitution, and neither is it in conflict with any provisions of the Act nor on any count arbitrary or unreasonable. 

The Foreign Medical Institution Regulation, 2002 was incorporated with an additional criteria numbered as Clause 8(iv) which mandated qualification on the “National Eligibility-cum-Entrance test for admission to MBBS course”, deemed to be treated as the eligibility certificate for students desirous of pursuing primary undergraduate medical education from any medical institution outside India. This was an addition to the requirement of fulfilling the eligibility criteria for admission to the MBBS course prescribed in the regulations on Graduate Medical Education, 1997.

Writ petitioner Arunaditya Dubey and others argued that the said requirement was first introduced in the year 2018 by a notification without an amendment to the statute itself. The requirement for such qualification in the NEET hence cannot be insisted, which goes against the statute, their counsel said.

The court noted Indian Medical Council Act, 1956 was amended (by Amendment Act 34 of 2001) incorporating sub-section (4A) and (4B) under Section 13. Section 13 (4A) required a citizen of India who obtains medical qualification from any institution outside the country to qualify in a screening test before he/she is entitled to be enrolled in the Medical Register maintained by a State Medical Council or the Indian Medical Register. Sub-section (4B) also required an eligibility certificate to be obtained from the Medical Council before the student gets admission to a course leading to a primary medical qualification from any medical institution in a foreign country. 

"The regulation has been brought in, invoking the power under Section 33 of the Act which empowers the Council, with the previous sanction of the Central Government, to make any regulation generally to carry out the provisions of the Act," the bench said.

The court held regulation does not in any manner conflict with the enactment, as it ensures a fair and transparent procedure in grant of eligibility certificate.

"We find absolutely no reason to interfere with the regulations," the bench said.

The petitioner's counsel then sought for a one-time exemption. 

"Obviously, with open eyes, after the amended regulations came into effect if any candidate chose to obtain admission in a foreign institution for pursuing a course leading to a primary medical qualification, they cannot seek for an exemption from the regulations; which lays down essential eligibility criteria for practicing medicine within the Country. This does not restrict their right to practice anywhere outside India," the bench said.

Case Title: Arunaditya Dubey Vs Medical Council of India & Anr