Recently, the Supreme Court upheld the regulation mandating qualification in the National Eligibility-cum-Entrance Test (NEET) for students seeking admission to foreign medical institutions. The Court dismissed the challenge against the regulation introduced by the Medical Council of India (MCI), holding that it ensures a fair and transparent process and does not conflict with statutory provisions. The Court observed that candidates who chose to pursue medical education abroad with full awareness of the amended regulations cannot later seek exemption from them.
The petitions challenged the regulation introduced by MCI under the Foreign Medical Institution Regulation, 2002, which required students aspiring to pursue undergraduate medical education abroad to qualify in NEET. Clause 8(iv) of the 2002 regulations mandated that NEET qualification would serve as the Eligibility Certificate for students seeking admission to foreign medical institutions. The petitioners contended that this requirement was introduced in 2018 through a notification without amending the statute itself and, therefore, could not be enforced.
The petitioners argued that the NEET qualification requirement was imposed through a regulatory notification rather than a statutory amendment. They contended that Section 13(4A) and (4B) of the Indian Medical Council Act, 1956, only required students who obtained a foreign medical qualification to clear a screening test and obtain an eligibility certificate. Since NEET qualification was not originally part of the eligibility criteria, its imposition was ultra vires and could not be insisted upon.
The Court noted that the Medical Council had the authority to introduce regulations under Section 33 of the Indian Medical Council Act with the sanction of the Central Government. The 2001 amendment to the Act already required students seeking foreign medical education to obtain an Eligibility Certificate. The addition of Clause 8(iv) in 2018, making NEET qualification a prerequisite, was deemed to ensure transparency and maintain the standard of medical education. The Court further held“The regulation does not in any manner conflict with the enactment. The additional mandate to satisfy the eligibility criteria is not ultra vires the Constitution, nor is it in conflict with any provisions of the Act. It is neither arbitrary nor unreasonable.” The Court rejected the plea for a one-time exemption, holding that students who knowingly took admission in foreign medical institutions after the amended regulations came into effect could not later claim exemption. The regulation merely established essential eligibility criteria for practising medicine in India and did not restrict the right of candidates to practice medicine outside the country.
The Apex Court dismissed all petitions, upholding the validity of the MCI regulation mandating NEET qualification for students seeking admission to foreign medical institutions. The Court found no grounds for interference, affirming that the regulation aligns with statutory provisions and serves the public interest by ensuring a standardized eligibility framework for medical practitioners in India. All pending applications, if any, were also disposed of accordingly.
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