LexYASH AHUJA AND OTHERS versus MEDICAL COUNCIL OF INDIA & ORS.
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[2009] 14 (ADDL.) S.C.R. 667 __,. YASH AHUJA AND OTHERS A -( V. MEDICAL COUNCIL OF INDIA & ORS. " (Civil Appeal Nos. 6370 of 2009 Etc. Etc.) I( ( SEPTEMBER 17, 2009 B [K.G BALAKRISHNAN, CJI., P. SATHASIVAM AND J.M. PANCHAL, JJ.] Indian Medical Council Act, 1956: c s. 12, 13(4-A) (as inserted by Act 34 of 2001), Second Schedule - Third Schedule, Part II - Medical qualification granted by Universities/Medical Institutions outside India - Recognition under Scheme of reciprocity by Medical Council + of India as medical qualification for purposes of Act - s. 13( 4- A) prescribing screening test for Indian citizens granted D medical qualification by named Institutions outside India for granting provisional/temporary/permanent registration - HELD: It had come to notice of Legislature that. a large number of private agencies were sponsoring Indian citizens E for medical studies to institutions outside India, such students also included those who did not fulfil the minimum eligibility -41 requirements for admission to medical courses in India - • Serious aberrations were noticed in the standard of medical institutions in some of the foreign countries, which were not F on par with the standards of medical education in India and, as such, Parliament rightly felt necessity of making provision to enable MCI to conduct screening test - The date specified 'II by Central Government uls 13(3) being 15.3.2002, an Indian citizen granted medical qualification by institutions outside India shall not be entitled to be enrolled on Medical Register G "'-f in the country after 15. 3. 2002 unless he qualifies the screening test - MCI Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002 - Screening Test 667 H 668 SUPREME COURT REPORTS [2009] 14 (ADDL.) S.C.R. A Regulations, 2002 - Interpretation of statutes - Purposive construction/Mischief rule. Under the scheme of reciprocity, in terms of s.12 of the Indian Medical Council Act, 1956; medical 8 qualifications granted by Kathmandu University in respect of Manipal College of Medical Sciences, Pokhara and Nepal in or after July 1999 was recognized by the Medical Council of India for the purposes of the Act Since various private agencies, for commercial considerations, sponsored Indian students including those who failed to C fulfil the minimum eligibility requirements for admission to medical course in India, for medical studies in institutions outside India, the Act was amended by Medical Council of India (Amendment) Act, 2001 (Act 34 of 2001 ), inserting s.13(4-A) providing for screening test D for a citizen of India who obtained medical qualification by an institution in a country outside India; and qualifying the screening test was deemed to be the recognised medical qualification for the purpose of the Act. As several deficiencies in infrastructural, teaching and other E facilities were found in Manipal College of Medical Sciences, Pokhra, the MCI took a ~ecision to withdraw the recognition granted to the College and not to grant provisional/final registration to any student passing from the said Institute who has not passed the scr.eening test F Some of the students of the Manipal College of Medical Sciences, Pokhra .who were issued provisional/ temporary registration by MCI were denied permanent registration on the ground that they had not cleared the prescribed screening test They filed writ petitions which G were dismissed by the High Court. Aggrieved, they filed the appeals. Some othe.r students who were denied provisional registration by MCI filed petitions for special leave to appeal. Similarly situated students of the Institute of Medicine, Tribhuwan University filed the writ petition H under Article 32 of the Constitution of India. YASH AHUJA AND ORS. v. MEDICAL COUNCIL OF 669 INDIA & ORS. It was contended for the appellants and the writ A ~ petitioners that the Second Schedule and Part II of the Third Schedule to the Act exhausted the qualifications granted by the medical institutions outside India which were recognized .as medical qualifications for the purposes of the Medical Council of India Act, 1956 B whereas Sub-Section (4A), (48) and 4(C) of s.13 deal with the residual subject of individual recognition of medical qualifications obtained by Indian citizens from the '-t institutions outside India which
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