A Division Bench of Rajasthan High Court comprising Chief Justice Akil Kureshi and Justice Sameer Jain issued a notice in dealing with a plea filed by medical students challenging regulations of the Medical Council of India (MCI) for foreign medical students which requires them to compulsorily undergo minimum 54 months medical education for grant of permanent registration in India.
Background of the Case and Submission by Petitioner
Samriddhi Saraswat, Petitioner in this case Submitted before this Court that she is pursuing a medical course in an institution situated in the Philippines, and this institution is recognized as per the National Medical Commission Act, 2019 as per Section 36 thereof.
Counsel for the petitioner pointed out that the Medical Council of India had now framed regulations in which regulation 4 provided inter-alia that no medical graduate shall be granted permanent registration unless he had undergone a course leading to a foreign medical degree with a minimum duration of 54 months. By virtue of this regulation, the degree that may be awarded to the petitioner may not be recognized for the purpose of her registration in India.
This course is of the duration of 48 months due to which Counsel for the petitioner argued that regulation 4(a)(i) is ultra vires since it travelled beyond the scope of the Act and was in conflict with Section 34 of the Medical Council of India Act, 2019.
Order of the Court
After hearing the Petition of Medical student the Court has issued notice on the plea and the matter is listed for hearing on March 22.
Case Details
Title: Samriddhi Saraswat v. National Medical Commission
Bench: Chief Justice Akil Kureshi and Justice Sameer Jain
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