SC hears plea of Indian med student from China for provisional registration; directs NMC to draft framework to aid students

The court opined that "there was nothing wrong in denying the provisional registration as without practical training, there cannot be any Doctor who is expected to take care of the citizens"
Supreme Court of India, New Delhi | (Pic: PTI)
Supreme Court of India, New Delhi | (Pic: PTI)

In a massive relief to Indian medical students who have returned from foreign countries like China and Ukraine, the Supreme Court on Friday, April 29, stated that these students will be allowed to get their provisional registration and also directed the National Medical Commission (NMC) to draft a framework for these students to complete their practical training in India.

The apex court was hearing an appeal of the NMC against an order of the Madras High Court, asking it to allow provisional registration of an MBBS graduate of a Chinese university, as this verdict came along. The court opined that "there was nothing wrong in denying the provisional registration as without practical training, there cannot be any doctor who is expected to take care of the citizens of the country,” as reported by PTI.

The SC also added that the talents of such students should not go waste and "should be used to augment health infrastructure in the country,” as reported in PTI. It mentioned that for this to happen, "it would be necessary that the students undergo actual clinical training of such duration and at such institutes, which are identified by the NMC and, on such terms and conditions, including the charges for imparting such training, as may be notified by the medical body."

The court took this decision after taking note of the plea filed by a student who could not complete the clinical training physically at the Chinese institute. The case was being heard by a Bench comprising of Justices Hemant Gupta and V Ramasubramanian, which also took note of the question of whether the degree granted by a foreign institute, even in respect of clinical training, is binding on the NMC, and if the student could be provisionally registered.

After all the considerations, the SC came up with an 18-page verdict that directed the NMC and MCI (Medical Council of India) to test the returnee students in any manner deemed appropriate by them to check that they were sufficiently qualified for the provisional registration in order to complete a year's internship in India.

“We, therefore, direct to frame a scheme as a one time measure within two months to allow the student and such similarly situated students who have not actually completed clinical training to undergo clinical training in India in the medical colleges which may be identified by the appellant for a limited duration as may be specified by the appellant, on such charges which the appellant determines,” Justice Gupta stated.

However, the judgment does not apply to students who have not completed the entire duration of their medical course from the foreign universities. It also does not guarantee any right for the student to claim the provisional registration."There cannot be any equality in illegality,” the Bench had stated.

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