SANJEEV GUPTA AND ORS. versus UNION OF INDIA AND ANR.

Citation: [2004] SUPP. 6 S.C.R. 49 · Decided: 16-11-2004 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Dismissed

Judgment (excerpt)

•. 
-I 
SANJEEV GUPTA AND ORS. 
v. 
UNION OF INDIA AND ANR. 
NOVEMBER 16, 2004 
[R.C. LAHOTI, CJ., ASHOK BHAN AND G.P. MATHUR, JJ.] 
Indian Medical Council Act, 1956; Ss. 13(B) and 25 with Amending 
Act of 200I/Screening Test Regulations : 
Medical degree holders from unrecognized Medical Institutions in 
USSR-Application for grant of provisional/permanent registration for 
practicing medicine in India-Rejected by Medical Council of India 
doubting the genuineness of the medical courses undergone by the 
applicants-Challenge to-Allowed by High Courts-Affirmed by Supreme 
Court with certain modifications, allowing provisional registration as one 
time measure. 
Amendment in the Act-Mandatory provisions incorporated making it 
compulsory for the prospective candidates to qualify in the Screening Test 
before enrolment-Applications for permanent registration filed by the 
holders of provisional registration and for provisional registration filed by 
the fresh candidates praying to exempt the mandatory requirements-
Rejected by MCI-Challenge to-Held : While granting provisional 
registration to the doctors who had completed their medical courses abroad 
prior to 15.3.2001 Supreme Court made it clear that for future cases revised 
guidelines/Screening Test Regulations shall be followed-Even those granted 
provisional registration earlier are required to qualify in the Screening Test 
before being considered for grant of permanent registration in larger public 
interest-Grant of provisional registration does not confer on them any right 
to grant permanent registration-Even provisional registration could be 
denied to those candidates who had not undergone internship at the 
recognized medical Institutions abroad-However, Screening Test could be 
conducted in one paper only instead of three papers with less weightage 
to the pre-clinical and para-clinical subjects-Directions issued-Constitution 
of India, I950-Article 142. 
The questions which arose for consideration in these appeals and 
A 
B 
c 
D 
E 
F 
G 
writ petitions were as to whether the persons who had obtained their H 
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50 
SUPREME COURT REPORTS (2004) SUPP. 6 S.C.R. 
A graduate/post graduate degree in Medical Sciences from the recognized/ 
unrecognized Institutions in the erstwhile State of USSR/abroad and 
desired to practice medicine in India could be granted provisional/ 
permanent registration by the Medical Council of India and before 
granting such registration in future whether it would be necessary for 
B the candidates to undergo screening test in terms of the guidelines as 
framed by the Medical Council of India and as approved by the 
Government of India and this Court. 
It was contended by the petitioner/appellants that since they fulfilled 
conditions laid down in Section 13(B) of the Indian Medical Council Act, 
C they were entitled to registration without qualifying the screening test; 
that the Central Government could not delegate its essential functions 
to an autonomous body/Medical Council of India, and so the notification 
was not binding; and that the requirement of qualifying the screening 
test was not necessary for the candidates who pursued the medical 
D courses from recognized medical Institutions abroad else they may be 
asked to undergo extra internship. 
Respondent-Medical Council of India submitted that since the 
Central Government has already brought into force the Screening Test 
Regulations, the candidates would be required to qualify the screening 
E test in terms of the Regulations to practice medicine in India. 
Dismissing the writ petitions and appeals, the Court 
HELD: 1.1. In order to regulate the registration of the candidates 
who had completed their Medical degree abroad prior to 15.3.2001, the 
F Central Government framed guidelines. The Court approved the 
guidelines in exercise of powers under Article 142 of the Constitution 
and made them applicable to all such candidates who were similarly 
situated whether they were before this Court or not. The Court pointedly 
held that in respect of those who have already applied for registration 
G to Medical Council of India, the same shall be granted or refused in 
terms of the orders passed and on the grant of such registration the 
candidates shall undergo internship or the housemanship, if needed. It 
was made clear that guidelines approved by this Court was by way of 
one time measure. But for future cases they shall be governed by the 
revised regulations framed b

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