Case Note & Summary
The Supreme Court allowed the appeals filed by the National Medical Commission against the orders of the Madras High Court. The High Court had directed the Tamil Nadu Medical Council to grant provisional registration to a foreign medical graduate who had completed MBBS from a Chinese university but had not undergone Compulsory Rotatory Residential Internship (CRRI). The Supreme Court held that provisional registration under Section 13(4A) of the Indian Medical Council Act, 1956 is specifically for the purpose of undergoing CRRI, and a candidate who has already obtained the degree cannot be granted provisional registration without completing the internship. The court set aside the High Court's orders and remanded the matter for fresh consideration.
Headnote
A) Medical Law - Provisional Registration - Compulsory Rotatory Residential Internship (CRRI) - Sections 13(4A), 13(5) Indian Medical Council Act, 1956 - The issue was whether a foreign medical graduate who has completed MBBS degree from a foreign institute but has not undergone CRRI is entitled to provisional registration. The court held that provisional registration under Section 13(4A) is only for the purpose of undergoing CRRI, and a candidate who has already completed the degree cannot be granted provisional registration without completing CRRI. (Paras 1-3)
B) Medical Law - Foreign Medical Graduate - Eligibility Regulations - Screening Test Regulations - The court examined the requirement of CRRI for foreign medical graduates and held that the High Court erred in directing provisional registration without ensuring completion of CRRI. (Paras 2-3)
Issue of Consideration
Whether a foreign medical graduate who has completed MBBS degree from a foreign institute but has not undergone Compulsory Rotatory Residential Internship (CRRI) is entitled to provisional registration under the Indian Medical Council Act, 1956?
Final Decision
Appeals allowed. Impugned orders of the High Court dated 29.7.2021 and 20.9.2021 are set aside. The matter is remanded to the High Court for fresh consideration in accordance with law.
Law Points
- Provisional registration
- Compulsory Rotatory Residential Internship
- Foreign medical graduate
- Indian Medical Council Act 1956
- National Medical Commission Act 2019
- Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations 2002
- Screening Test Regulations 2002
Case Details
Civil Appeal Nos. 2950-2951 of 2022 (Arising out of SLP (Civil) Nos. 2536-2537 of 2022)
The National Medical Commission
Pooja Thandu Naresh & Ors.
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Nature of Litigation
Civil appeals against High Court orders directing provisional registration of foreign medical graduate without CRRI
Remedy Sought
Appellant sought setting aside of High Court orders directing provisional registration
Filing Reason
High Court directed provisional registration of respondent who had not undergone CRRI
Previous Decisions
High Court of Judicature at Madras passed orders dated 29.7.2021 and 20.9.2021 directing provisional registration
Issues
Whether a foreign medical graduate who has completed MBBS degree from a foreign institute but has not undergone CRRI is entitled to provisional registration under the Indian Medical Council Act, 1956?
Submissions/Arguments
Appellant argued that provisional registration under Section 13(4A) is only for undergoing CRRI, not for those who have already completed degree
Respondent argued that since she qualified Screening Test, she is entitled to provisional registration
Ratio Decidendi
Provisional registration under Section 13(4A) of the Indian Medical Council Act, 1956 is specifically for the purpose of undergoing Compulsory Rotatory Residential Internship, and a candidate who has already obtained the MBBS degree cannot be granted provisional registration without completing the internship.
Judgment Excerpts
The present appeals are directed against orders dated 29.7.2021 and 20.9.2021 passed by the High Court of Judicature at Madras in the writ petitions filed for quashing the circulars issued by the Tamil Nadu Medical Council on 12.11.2020 and 24.12.2020 and consequential orders of directing respondent No. 1/writ petitioner to undergo two months of Compulsory Rotatory Residential Internship, followed by one year of internship before granting permanent registration under the Indian Medical Council Act, 1956 (now repealed by the National Medical Commission Act, 2019).
Procedural History
The respondent filed writ petitions before the Madras High Court challenging circulars dated 12.11.2020 and 24.12.2020 issued by Tamil Nadu Medical Council. The High Court allowed the petitions and directed provisional registration. The National Medical Commission appealed to the Supreme Court.
Acts & Sections
- Indian Medical Council Act, 1956: 13(4A), 13(5)
- National Medical Commission Act, 2019:
- Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002:
- Screening Test Regulations, 2002:
