THE JHARKHAND STORY DESK
New Delhi, Feb 19: The Supreme Court recently upheld Medical Council of India’s (now National Medical Commission) regulations mandating that those desirous of studying in foreign medical institutions shall qualify the NEET (National Eligibility-cum-Entrance Test) in order to obtain an Eligibility Certificate, reports Live Law.
“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. The regulation does not in any manner conflict with the enactment…We find absolutely no reason to interfere with the regulations”, a bench of Justices BR Gavai and K Vinod Chandran observed.
On the bench’s dismissal of the challenge to the regulations, the petitioners sought a one-time exemption from the regulations’ application to them (and thus the pre-condition of NEET qualification) to enable grant of Eligibility Certificate. However, the bench refused to entertain the request, noting that someone who chose to obtain admission in a foreign institution – after the regulations came into force – could not be exempted, as reported by Live Law.
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“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.”
Insofar as the petitioners contested the regulations saying that they were brought in through a notification, without amending the Act itself, the bench observed that the regulations were issued by the Council invoking powers under Section 33 of the Act. Accordingly, the petitions were dismissed.
“The regulations, especially the additional mandate to satisfy the eligibility criteria, is 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 bench concluded, as reported by Live Law.
Briefly put, the Indian Medical Council Act, 1956 was amended in 2001 to incorporate sub-section (4A) and (4B) under Section 13. Sub-section (4B) required an eligibility certificate to be obtained from the Medical Council before a student got admission to a course leading to a primary medical qualification from any medical institution in a foreign country.
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In 2018, a notification was issued, amending the eligibility requirement for taking admission in an undergraduate medical course in a foreign medical institution. Introduced as Clause 8(iv) in Foreign Medical Institution Regulation, 2002, this amendment mandated qualification on the NEET for students desirous of pursuing primary undergraduate medical education from any medical institution outside India.
Challenging the regulations, the petitioners moved the Supreme Court.
(Courtesy: Live Law)
