Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Medical Commission (Foreign Medical Graduate Licentiate) Regulations 2021 – Regn.4(a)(i) 4(a)(ii) 4(b) & 4(c) – Consitutionality of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | National Medical Commission (Foreign Medical Graduate Licentiate) Regulations 2021 – Regn.4(a)(i), 4(a)(ii), 4(b) & 4(c) – Consitutionality of – The challenge to Regn.4(a)(i) was based upon the premise that it puts an obligation upon students seeking foreign medical course to select only that Institution which offer the course of a duration of 54 months – The challenge to Regn.4(a)(ii) and 4(b) was based upon the ground that it was an extra territorial legislation as it makes mandatory for foreign medical graduate to undergo 12 months internship in the same foreign medical institution and also to get registered in that country’s professional regulatory body – The challenge to Regn.4(c) was on the basis that the same caused undue hardship to foreign medical graduate as it mandates 12 month supervised internship in India thus compelling them to undergo two internships, one in the foreign land and another in the mother land – Writ petition dismissed by High Court on the ground that that the said provisions do not violate Arts.14, 19(1)(g) and 21 of the Constitution – Correctness of – Held: Correct – Prescription of minimum standards would certainly include the prescription of the minimum duration for a course and it may be open to the medical institutions of other countries to prescribe a duration of less than 54 months for the students of their country but it is not necessary for the National Medical Commission and the Central Government to recognise foreign medical degrees of a lesser duration, if the incumbent wants to have permanent registration in India – The prescription of an internship for a minimum duration of 12 months in the same foreign medical institution cannot be said to be a duplication of internships since the purpose of internship is to test the ability of the students to apply their academic knowledge on their subjects, namely the patients – Constitution of India – Arts.14, 19(1)(g) and 21. National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 – Schedule -II 2(a) and 2(c)(i) – Schedule II- Para 2(a)(i) requires all foreign medical graduate to undergo internship at par with Indian Medical Graduate – The challenge to Schedule-II Para 2(c)(i) is upon the premise that the same puts a question mark upon the future of students as it requires foreign medical gradutes to be first posted in colleges which have been newly opened and yet to be recognised – High Court dismissed the writ petition holding that the none of the provision violate Arts.14, 19(1)(g) and 21 of the Constitution – On appeal, held: The requirement under Para 2(a) of Schedule-I for foreign medical graduates to undergo internships at par with Indian medical graduates is to ensure that only those who have acquired similar skills are allowed to practice Medicine and therefore challenge to the same is without any substance – The prescription in para 2(c)(i) of Schedule-II that such foreign medical graduates may be posted first in colleges which have been newly opened and have yet to be recognised, is a prescription of necessity since all medical institutions of the country are equipped to provide internships only to as many students as their permitted intake may allow and therefore, the Regulation is intended to ensure that an undue burden is not cast upon the already recognised institutions. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2022 INSC 501 |
Petitioner | Aravinth R.a. |
Respondent | The Secretary To The Government Of India Ministry Of Health And Family Welfare & Ors. |
SCR | [2022] 5 S.C.R. 921 |
Judgement Date | 2022-05-02 |
Case Number | 3585 |
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