Coming to the rescue of two MBBS students who obtained their degree from abroad, the Delhi High Court has directed the Medical Council of India to issue them eligibility certificate so that they can be enrolled with the Council to start their medical practice here.
Sushil Kumar and Milind Babanrao Zade, who got admission in MBBS course in Jiang Xi University of China in July-August 2005, were denied permission by MCI to appear in the screening test for registration on the grounds that they had failed to obtain eligibility certificate (EC) from it before doing the course from a foreign university.
Allowing the plea of Kumar and Zade, Justice V K Jain directed MCI to consider their plea for EC afresh within three months and declare the result of their screening test, which they were allowed to sit after the court's interim order, within two weeks after issuance of the EC.
"If a candidate who otherwise fulfils the eligibility criteria prescribed for admission to MBBS Course in India, under Graduate Medical Regulations, commits a mistake and does not seek the eligibility certificate from MCI before taking admission in a foreign university, it would be too harsh to penalise him for such an inadvertent error as refusal of the certificate would spoil the career of such a student who has studied in a foreign university at considerable cost and expenses," the court said.
"Their applications before MCI for issue of eligibility certificate shall be considered afresh in the light of the provisions contained in the Eligibility Certificate Regulations and if it is found that they were eligible in terms of regulations 8 and 9..., such certificate shall be issued to them within three months...," the court also said.
In August 2012, MCI had denied the duo's plea for registration on the grounds that under the Eligibility Certificate Regulations, they were required to obtain the EC before taking admission in the foreign university/institute.
The MCI also said that the name of the university from which they obtained their medical degree did not appear in the list of 30 universities which have been recognised by the Government of China for the purpose or registration of medical practitioners in that country.
