Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002
(AMENDED UPTO APRIL 2010)
(Published in Part III, Section 4 of the Gazette of India Extra-ordinary issue dated the 18th February,2002)
New Delhi dated the 13th February,2002
In exercise of the powers conferred by section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India, with the previous sanction of the Central Government, hereby makes the following regulations, namely:-
1. Whether the candidate fulfills the age criterion prescribed by the Council?
Extract form Regulation Graduate Medical Education, 1997
4 Admission to the Medical Course-Eligibility Criteria:
No Candidate shall be allowed to be admitted to the Medical Curriculum of first Bachelor of Medicine and Bachelor of Surgery (MBBS) Course until:
5. Selection of Students: The selection of students to medical college shall be based solely on merit of the candidate and for determination of the merit, the following criteria be adopted uniformly throughout the country:
Provided that a candidate who has appeared in the qualifying examination the result of which has not been declared, he may be provisionally permitted to take up the competitive entrance examination and in case of selection for admission to the MBBS course, he shall not be admitted to that course until he fulfils the eligibility criteria under regulation 4
MEDICAL COUNCIL OF INDIA
New Delhi dated the 15th March,2002
It is brought to the notice of Indian (citizens) students who are desirous of joining an Undergraduate Medical Course (equivalent to MBBS in India) in any Foreign Medical Institution on or after the 15th March,2002, that all such intending candidates shall have to approach the Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, New Delhi-110002 for issue of Eligibility Certificate for getting admission to an Undergraduate Medical Course in any Foreign Medical Institution as per the provisions of “Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations,2002” which has been notified in Part III Section 4 of the Gazette of India Extra-ordinary issue dated the 18th February,2002. The application form for issue of the Eligibility Certificate may be obtained from the Council office. The application form alongwith the details required therein may be submitted to the Council alongwith the demand draft in favour of Secretary, Medical Council of India, New Delhi, for the prescribed sum. It may be understood that Eligibility Certificate will be issued by the Council only to such candidates who fulfill the criteria of age of admission to the medical course and passing of qualifying examination (10+2 or equivalent or higher qualification) with the required percentage of marks as prescribed in the Graduate Medical Education Regulations,1997, copies of which are available in the Council office on payment of Rs.100/-. The relevant extracts from these Regulations are also available on the Council’s Website. A candidate belonging to SC/ST/OBC has to produce a caste certificate from the competent authority. Only after necessary verification, if the candidate fulfills the eligibility criteria, the Council shall issue Eligibility Certificate to the candidate certifying that he/she is eligible to join a medical institution outside India to obtain a primary medical qualification. No candidate who has obtained admission in a Foreign Medical Institution on or after 15thMarch,2002 shall be permitted to sit for the Screening Test, after obtaining the medical degree from abroad, for the purpose of his registration in India, unless he produces the Eligibility Certificate issued by the Medical Council of India. Further details may be obtained from the office of the Medical Council of India, New Delhi and also may be seen in the website of the Council – www.mciindia.org.
MEDICAL COUNCIL OF INDIA
New Delhi dated the 8th October,2008
The Eligibility Certificate requirement from students passing out from Manipal College of Medical Sciences, Pokhra and Universal College of Medical Sciences, Bhiarahwa, Nepal
On 3.9.2001, the Indian Medical Council Amendment Act was passed by the Parliament incorporating certain provisions of the Act including Section 13(4)A and 13(4)B providing for issuance of eligibility certificate before admission of Indian students in medical institutions abroad and qualifying screening test after obtaining the medical qualification by the candidates coming back with medical qualification from abroad.
The Central Govt. in accordance with the provisions of the Amendment Act had specified the cut off date as 15.3.2002 whereof any candidate seeking either provisional or permanent registration under the provisions of the Act shall be required to qualify in the screening test.
In January 2007, the Ministry of Health, Government of India had asked the MCI to conduct inspections of the medical institutions in Nepal. Manipal College of Medical Sciences, Pokhra, Nepal and Universal College of Medical Sciences, Bhiarahwa, Nepal had been inspected by the MCI. In the case of Manipal College of Medical Sciences, it was observed that this college had been recognized under section 12 of the IMC Act in 2001 for 100 MBBS admissions annually. It transpired that without seeking any further permission from the MCI/Government of India, this college at Nepal had started making 150 admissions annually and when it was recognized for 100 MBBS admissions annually. It was further observed that the infrastructural, teaching and other facilities at both of these colleges at Nepal had been found to be deficient even for 100 MBBS admissions annually.
Under these circumstances, MCI was compelled to recommend to the Government of India to de-recognize both these private medical institutions at Nepal and till such time this process of de-recognition is completed, the candidates from these two colleges will be required to qualify in the Screening Test.
Candidates from these two private medical colleges had approached the Hon’ble Delhi High Court, challenging the imposition of the condition of qualifying in the Screening Test, decided by the MCI for them. It was with reference to the candidates in these two writ petitions who have obtained their medical qualifications from medical institutions in Nepal, that the Council was required to have a closer look at the provisions of the Act, from this perspective and in the background of Section 12 of the Act.
On behalf of the MCI, it was submitted before the Delhi High Court that the Council was having the perception as if the provisions of the Eligibility Certificate Regulations and Screening Test Regulations are applicable to the candidates who secure medical qualifications from institutions abroad which are included in Part-II of the III Schedule relatable to Section 13 of the Act.
On a further examination of the relevant facts, the provisions of the Act including the amendments carried out in the year 2001, the provisions of the regulations dated 18.02.2002, i.e., Screening Test Regulations and Eligibility Certificate Regulations relatable to Section 13(4)A and 13(4)B of the Act, it has been observed that a careful and correct reading of the provisions of the Act and the regulations do stipulate that all the Indian citizens who secure primary medical qualification (MBBS) from any foreign medical institution which is either included in the Schedule-II or included in Part-II of the IIIrd Schedule shall be required to qualify the screening test under the provisions of the Screening Test Regulations.
The only exception which has been made is with regard to the temporary permissions which are granted by the MCI for the purposes of research, medical services for charitable and philanthropic purposes under the provisions of Section-14 of the Act. It was submitted before the High Court that there seems to be a bonafide, however, an erroneous understanding of the requirements of the provisions of the IMC (Amendment) Act, 2001 and the Screening Test Regulations. The requirement of law gets clear on the proper reading and understanding of the above-mentioned statutory position under the Act. It would neither depend on the affidavit(s) of any authority, Govt. of India etc. nor would it be dependent upon the erroneous impression or understanding of any authority including the Council. In any case, the ultimate analysis and interpretation shall be within the exclusive jurisdiction of the Hon’ble Courts requiring the concerned authorities to abide by it.
It is the belief of the Council that a bonafide erroneous impression of the correct meaning and interpretation of the above-mentioned provisions of the Act and the regulations made thereunder understood and adopted by the Council – can always be put to an alteration / modification on having, once again, in a bonafide manner, to adopt a different point of view at a later occasion-on account of better understanding on the same subject and when this understanding appears to be more appropriate for appreciating the meaning and applicability of a law for achieving the purposes sought to be achieved.
In view of above, the members of the Adhoc Committee appointed by the Hon’ble Supreme Court and of the Executive Committee of the Council decided that careful reading of Section 13(4)A – i.e. that “A person who is a citizen of India and obtains medical qualification granted by any medical institution in any country outside India recognized for enrolment as medical practitioner in that country after such date as may be specified by the Central Government under sub-section (3), shall not be entitled to be enrolled on any Medical Register maintained by a State Medical Council or to have his name entered in the Indian Medical Register unless he qualified the screening test in India prescribed for such purpose and such foreign medical qualification after such person qualifies that said screening test shall be deemed to be the recognized medical qualification for the purposes of this Act for that person” makes it clear that it is applicable to all the candidates who are Indian citizens and who have secured a medical qualification from a foreign medical institution and thus it is applicable to all the candidates acquiring a foreign medical qualification either u/s 12 (Schedule-II) or Section 13 (Schedule-III) of the Indian Medical Council Act, 1956.
In so far as the above-mentioned two private medical colleges viz. Manipal College of Medical Sciences, Pokhra, Nepal and Universal College of Medical Sciences, Bhiarahwa, Nepal, are concerned, it is clarified that the candidates passing out MBBS from these two colleges will become entitled for registration under the provisions of the Indian Medical Council Act, 1956, only upon qualifying in the Screening Test.
It is further made clear that henceforth all those Indian students who are desirous of seeking admission in any foreign medical institution, shall be required to obtain an “Eligibility Certificate” from the MCI under the Eligibility Certificate Regulations 2002, before they are admitted in any foreign medical institution whether recognized under section 12 or under section 13 of the Indian Medical Council Act, 1956.
The issue regarding qualifying in the Screening Test for all those candidates who have obtained medical qualification from the foreign medical institutions recognized under section 12 of the Indian Medical Council Act decided by the Executive Committee of the Council in March 2008, shall be placed before the General Body of the Council for seeking its approval for the enforcement of this requirement.
Accordingly, the earlier Press Note on this website of the MCI, stating that the provisions of Eligibility Certificate Regulations 2002 and the Screening Test Regulations 2002 will not be applicable to the foreign medical institutions recognized under section 12 of the Indian Medical Council Act, 1956 – stands withdrawn with immediate effect.
[Lt. Col. (Dr.) A.R.N. Setalvad (Retd.)]
MEDICAL COUNCIL OF INDIA
New Delhi, the 16th April, 2010
No.MCI.203(9)/2010-Regn./3494. – In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956(102 of 1956), the Medical Council of India with the previous sanction of the Central Government hereby makes the following regulations to further amend the “Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002” namely:-
1. These regulations may be called the “Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, (Amendments), 2010”.
2. They shall come into force on the date of their publication in the Official Gazette.
3. In the “Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002”, the following additions / modifications / deletions / substitutions, shall be, as indicated therein:-
4. The following proviso shall be added to clause 9: –
“Provided that he/she has studied for the medical course at the same institute located abroad for the entire duration of the course from where he/she has obtained the degree.”