MEDICAL COUNCIL OF INDIA Vs. INDIAN DOCTOR S FROM RUSSIA WELFARE ASSOCIATIONS
LAWS(SC)-2002-3-48
SUPREME COURT OF INDIA
Decided on
March 08,2002
MEDICAL COUNCIL OF INDIA
Appellant
VERSUS
INDIAN DOCTORS FROM RUSSIA WELFARE ASSOCIATIONS
Respondents
Cited Judgements :-
AJIT KUMAR VS. UNION OF INDIA AND ANR [LAWS(DLH)-2018-2-421] [REFERRED TO]RAVINDER SINGH VS. MEDICAL COUNCIL OF INDIA [LAWS(DLH)-2010-2-168] [REFERRED TO]
SANOJ SHAHUL VS. TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE [LAWS(KER)-2020-12-50] [REFERRED TO]
AJIT KUMAR VS. UNION OF INDIA AND ANR [LAWS(DLH)-2017-12-359] [REFERRED TO]
ROHIT NARESH AGARWAL VS. UNION OF INDIA [LAWS(DLH)-2013-9-392] [REFERRED TO]
SARAT CHANDRA BOSE PATSAMATLA VS. NATIONAL BOARD OF EXAMINATION [LAWS(DLH)-2009-5-329] [REFERRED TO]
SUNITA KUMARI VS. UOI [LAWS(DLH)-2006-3-32] [RELIED ON]
PRASHANT PADMANABHA AMIN VS. R N SHEETALWAD [LAWS(DLH)-2006-5-34] [RELIED ON]
SHAKKIR MOHAMMED KUNHI VS. MEDICAL COUNCIL OF INDIA [LAWS(DLH)-2009-7-94] [REFERRED TO]
ABDUL ROUF BHAT VS. STATE OF J AND K [LAWS(J&K)-2023-4-54] [REFERRED TO]
PANKAJ GOEL VS. STATE [LAWS(DLH)-2003-11-14] [REFERRED TO]
YASH AHUJA VS. UNION OF INDIA [LAWS(DLH)-2008-9-167] [REFERRED TO]
NUSRAT JAHAN BUKHARI VS. MEDICAL COUNCIL OF INDIA [LAWS(DLH)-2009-5-373] [REFERRED TO]
DR. SHEIKH BILAL BASHIR VS. DELHI MEDICAL COUNCIL AND ANR. [LAWS(DLH)-2017-10-209] [REFERRED TO]
ARAVINTH R.A. VS. SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE [LAWS(SC)-2022-5-213] [REFERRED TO]
SANOJ SHAHUL VS. TRAVANCORE COCHIN COUNCIL OF MODERN MEDICINE [LAWS(KER)-2020-8-247] [REFERRED TO]
IN RE VS. RAMLILA MAIDAN INCIDENT [LAWS(SC)-2012-2-101] [REFERRED TO]
SHAHUL HAMEED K S AND ORS VS. AR [LAWS(DLH)-2018-9-262] [REFERRED TO]
MADHUR ESHWAR RAO BASUDE AND ORS. VS. MEDICAL COUNCIL OF INDIA AND ORS. [LAWS(DLH)-2015-12-162] [REFERRED TO]
ANURADHA SAINI VS. UNION OF INDIA [LAWS(DLH)-2002-7-168] [REFERRED]
J SAI PRASANNA VS. MEDICAL COUNCIL OF INDIA [LAWS(APH)-2006-12-105] [REFERRED TO]
BAISHALI HOM CHAUDHURI VS. UNION OF INDIA [LAWS(CAL)-2009-7-47] [REFERRED TO]
RAMILA MAIDAN INCIDENT VS. HOME SECRETARY UNION OF INDIA [LAWS(SC)-2012-2-47] [REFERRED TO]
J SAI PRASANNA VS. MEDICAL COUNCIL OF INDIA [LAWS(APH)-2008-5-16] [REFERRED TO]
JISHLAKSHI EMBRANDIRI VS. MEDICAL COUNCILOF INDIA [LAWS(DLH)-2006-4-142] [REFERRED TO]
AAYUSHI DINESHBHAI PRAJAPATI VS. UNION OF INDIA [LAWS(DLH)-2023-2-73] [REFERRED TO]
SHAHNAZ DAR (DR.) VS. MEDICAL COUNCIL OF INDIA AND ORS. [LAWS(J&K)-2009-9-15] [REFERRED TO]
ISHAN KAUL VS. MEDICAL COUNCIL OF INDIA [LAWS(DLH)-2009-3-3] [REFERRED TO]
JUDGEMENT
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(1.)Civil Appeals Nos. 2779/2000, 2808/2000, 2809/2000, 2811-2863/2000, 2787-2803/2000, 2804-2807/2000, 2810/2000, 2782-2786/2000
Writ petitions were filed in different High Courts by persons who had undergone courses in medicine in medical colleges in the erstwhile USSR. After disintegration of USSR, their admissions ran into difficulties either not having studied in recognised colleges or partly in recognised and partly in non-recognised colleges or they had not completed their courses in full. The Medical Council of India (for short 'MCI') also entertained serious doubts as to the genuineness of some courses undergone by various students, thus leading to difficulties on the question of recognising their degrees and their registration as Medical Practitioners. MCI took the stand that when their initial admission in non-recognised institution could not be accepted, their transfer to recognised colleges subsequently cannot be of any benefit. MCI also passed various types of orders either during the pendency of the proceedings before the Courts or otherwise in relation to recognition of the degrees or registration of such persons as practitioners. The Delhi High Court allowed those writ petitions and granted reliefs to the concerned doctors which orders stood affirmed on appeal, while Allahabad High Court granted interim order, which stood affirmed on appeal MCI is in appeal before us.
(2.)Several contentions have been raised in support of the orders under appeal and opposing them. In fact, this Court also made an interim order on April 17, 2000.
(3.)This Court, while hearing this matter on different occasions, made the observations in the best interest of all concerned that the Government of India should formulate an appropriate policy bearing in mind the human problem arising in relation to the doctors in question.
Writ petitions were filed in different High Courts by persons who had undergone courses in medicine in medical colleges in the erstwhile USSR. After disintegration of USSR, their admissions ran into difficulties either not having studied in recognised colleges or partly in recognised and partly in non-recognised colleges or they had not completed their courses in full. The Medical Council of India (for short 'MCI') also entertained serious doubts as to the genuineness of some courses undergone by various students, thus leading to difficulties on the question of recognising their degrees and their registration as Medical Practitioners. MCI took the stand that when their initial admission in non-recognised institution could not be accepted, their transfer to recognised colleges subsequently cannot be of any benefit. MCI also passed various types of orders either during the pendency of the proceedings before the Courts or otherwise in relation to recognition of the degrees or registration of such persons as practitioners. The Delhi High Court allowed those writ petitions and granted reliefs to the concerned doctors which orders stood affirmed on appeal, while Allahabad High Court granted interim order, which stood affirmed on appeal MCI is in appeal before us.
(2.)Several contentions have been raised in support of the orders under appeal and opposing them. In fact, this Court also made an interim order on April 17, 2000.
(3.)This Court, while hearing this matter on different occasions, made the observations in the best interest of all concerned that the Government of India should formulate an appropriate policy bearing in mind the human problem arising in relation to the doctors in question.
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