Rajasthan HC Issues Notice On Plea Challenging MCI Mandate On Foreign Medical Students To Undergo Minimum 54 Months Education

A division bench of Chief Justice Akil Kureshi and Justice Sameer Jain were hearing the plea filed by one Samriddhi Saraswat, who is pursuing a medical course in an institution situated in Philippines. She claimed that her institution is recognized as per Section 39 of the National Medical Commission Act, 2019.

Medical Council of India has now framed regulations, namely of National Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021, in which regulation 4 provides inter-alia that no medical graduate shall be granted permanent registration unless he has undergone a course leading to foreign medical degree with minimum duration of 54 months.

Aggrieved by this, the petitioner pointed out to the court that 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 since the course is for duration of 48 months.

The counsel for the petitioner argued that regulation 4(a)(i) is ultra vires since it travels beyond the scope of the 2019 Act and is in conflict with Section 36 thereof.

The Court has issued notice on the plea and the matter is listed for hearing on March 22.

Similar Plea Before Delhi High Court

The division bench of Delhi High Court comprising Chief Justice DN Patel and Justice Jyoti Singh has also issued notice on a similar petition, filed by a medical aspirant.

It is the petitioner's case that the impugned regulations of 2021 are ultra vires the parent statute i.e., the National Medical Commission Act, 2019. Further, it is contended that the impugned regulations bring in certain new disabilities which will adversely affect her career and the careers of many Indian students who wish to take admission in foreign medical universities.

Also Read: Foreign Medical Education: Delhi High Court Issues Notice On Plea Challenging 'Minimum 54 Months MBBS' Duration Under NMC Regulations

In the instant case, Sr. Adv. R.K. Agarwal assisted by Adv. Sunita Pareek appeared for the petitioner.

Case Title: Samriddhi Saraswat v. National Medical Commission