LexMOHAMED IBRAHIM AND ORS. versus VINAYAKA MISSION UNIVERSITY AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
[2012] 3 S.C.R. 550
MOHAMED IBRAHIM AND ORS.
v.
VINAYAKA MISSION UNIVERSITY AND ORS.
(Civil Appeal No. 2454 of 2012)
FEBRUARY 22, 2012
[R.M. LODHA AND H.L. GOKHALE, JJ.]
Education - Medical Education - Screening test for
students with foreign medical qualifications - Eligibility criteria
C for screening test - Eligibility of "primary medical qualification"
- Appel/ants-students, who had completed medical course
from the off-shore campus of VMRF in Thailand, claimed
eligibility for screening test - Claim upheld by Single Judge
of High Court but negated by the Division Bench -
On
D appeal, held: The eligibility criteria provided in the 2002
Regulations make it clear that a candidate intending to
appear in the screening test must, inter-a/ia, possess primary
medical qualification -
Such qualification must be a
recognised qualification for enrollment as a medical
E practitioner in the country in which the institution awarding
such qualification is situated - In the instant case, the
provisional degree awarded by VMRF, Thailand Off-shore
campus to appellants-students was not recognised by the
Medical Council of Thailand - Appellants-students were not
F entitled to register the degree awarded to them by VMRF with
the Medical Council of Thailand - The provisional degree
awarded by VMRF to these students, therefore, did not
amount to primary medical qualification - The view taken by
the Division Bench that the appellants-students did not
G possess eligibility of primary medical qualification, thus,
cannot be said to suffer from any illegality - Screening Test
Regulations, 2002 of the Medical Council of India -
Regulations 2(f) and 4(1) - Indian Medical Council Act, 1956.
H
550
MOHAMED IBRAHIM AND ORS. v. VINAYAKA
551
MISSION UNIVERSITY AND ORS.
The Government of India, vide notification issued in
2006 had accorded its approval to the proposal of
Vinayaka Mission's Research Foundation, Salem, now
Vinayaka Mission University ("VMRF") as a deemed
University for starting an Off-shore Campus offering
medical programmes at Bangkok, Thailand. The approval
so granted was inter alia subject to two conditions,
namely - 1) the degree shall be awarded by the VMRF to
the students studying at and passing of the Off-shore
Campus, Thailand by clearly stating that the degree has
been awarded by VMRF, Deemed University, Bangkok,
Thailand Off-shore campus and 2) the.degree awarded to
the students shall be treated as a foreign medical degree
and such students would be required to qualify the
screening test as per the provisions of Indian Medical
Council Act, 1956 and Screening Test Regulations, 2002
of the Medical Council of India.
The appellants-students, who had completed
medical course from VMRF, Deemed University,
Bangkok, Thailand Off-shore Campus and were issued
a provisional certificate to that effect in the year 2009 by
VMRF, applied for screening test through VMRF to the
National Board of Examination (NBE). NBE did not
respond to such applications. VMRF then filed writ
petition which was allowed by a Single Judge of the High
Court. In intra court appeal, however, the Division Bench
set-aside the judgment of the Single Judge holding that
the appellants-students did not possess eligibility of
primary medical qualification. Hence the present appeals.
Dismissing the appeals, the Court
HELD: 1.1. A bare look at the eligibility criteria
provided in Regulation 4(1) of the Screening Test
Regulations, 2002 of the Medical Council of India leaves
no manner of doubt that a candidate who intends to
appear in the screening test must, inter-alia, possess
A
B
c
D
E
F
G
H
552
SUPREME COURT REPORTS
[2012) 3 S.C.R.
A primary medical qualification. Such qualification must be
a recognised qualification for enrollment as a medical
practitioner in the country in which the institution
awarding such qualification is situated. [Para 11) [557-B-
C]
B
1.2. Admittedly, the provisional degree awarded by
the VMRF to these students is not recognised by the
Medical Council of Thailand. These students, who claim
to have completed their course in the off-shore campus
of VMRF, are not entitled to register the degree awarded
C to them by VMRF with the Medical Council of Thailand.
The provisional degree awarded by VMRF to these
students, therefore, does not amount to primary medical
qualification. The view taken by the Division Bench that
the students do not possess eligiExcerpt shown. Read the full judgment & AI analysis in Lexace.