A bench of Chief Justice G Rohini and justice Rajiv Sahai Endlaw asked MCI and Health Ministry to file counter affidavit on the plea filed by four doctors with post-graduate qualification from the Zheng Zhou University at China.
Advocate Prashant Bhushan, appearing for the doctors, contended that under the existing provisions of law and rules of MCI, one cannot practice in India as specialist doctor with a foreign degree.
The bench, however, asked the doctors' counsel that "can there be any bar on declaring some doctor as specialist after having a foreign post-graduate degree."
Four doctors Dr Madhur Eshwar Rao Basude, Dr Harish Kalra, Dr Shreyash Dadasaheb Pattekari and Dr Atul Anantrao Chaudhari, who got post-graduate qualification (MD/MS) from the Chinese University, filed the petition.
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MCI is the body responsible for standards of medical education in India and recognition of medical qualifications.
In their pleas, petitioners claimed that MCI did recognise the primary medical degree of Zeng Zhou University/ Hospital after conducting a screening test but they were not conducting any such tests for post-graduate degree from the same university due to which they were unable to practice in India.
It stated that in "precluding the specialist doctors, the respondents are not only in violation of the Act, but are also infracting their fundamental rights under the Constitution.