Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2002 Medical Education: Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations |
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 Disposed Off |
Headnote | Medical Education: Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002 – Online Clinical Training – Provisional registration declined on the ground that the student had not completed the ninth semester in part and tenth semester completely – Clinical training for tenth semester was done online – Whether the degree granted by the Foreign Institute even in respect of clinical training through online mode is binding on the Appellant-commission and whether the student has to be provisionally registered – Appellants argued that clinical training cannot be imparted through online mode as it is the actual training involving diagnosis and interactions with the patients – Respondents contended that acquiring primary medical qualification from the Foreign Medical Institute was acceptable for grant of registration as per Regn. 2(c) read with Regn. 2(e) – Held: Regn. 4(3) makes it mandatory that a candidate should have studied for the medical course at the same institute located abroad for the entire duration of the course – Appellant is not bound to grant provisional registration to the student who has not completed the entire duration of the course from the Foreign Institute including the clinical training – Without practical training, there cannot be any doctor who is expected to take care of the citizens of the country. Constitution of India: Right to Equality – Held: Certain students having been granted provisional registration will not confer any right to the student to claim provisional registration so as to undergo the internship – There cannot be any equality in illegality. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 494 |
Petitioner | The National Medical Commission |
Respondent | Pooja Thandu Naresh & Ors. |
SCR | [2022] 17 S.C.R. 344 |
Judgement Date | 2022-04-29 |
Case Number | 2950 |
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