Arunaditya Dubey vs Medical Council Of India - The Foreign Medical Institution Regulation

Foreign Medical Institution Regulation, 2002 - Writ petitions challenging the regulation brought out by the Medical Council of India requiring further eligibility criteria with respect to pursuing undergraduate medical course in a Foreign Medical Institution. Dismissing the petitions, SC observed: The requirement of an Eligibility Certificate from the Medical Council had been provided by section 13(4B) by an amendment in the year 2001 and the incorporation of sub-Clause (iv) under Clause 8 in the year 2018; mandating qualification in the NEET exam, ensures a fair and transparent procedure in the grant of Eligibility Certificate. The regulation does not in any manner conflict with the enactment- After the amended regulations came into effect if any candidate chose to obtain admission in a foreign institution for pursuing a course leading to a primary medical qualification, they cannot seek for an exemption from the regulations; which lays down essential eligibility criteria for practicing medicine within the Country. This does not restrict their right to practice anywhere outside India. The regulations, especially the additional mandate to satisfy the eligibility criteria, is not ultra vires the Constitution and neither is it in conflict with any provisions of the Act nor on any count arbitrary or unreasonable.