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NMC Regulation on MBBS Abroad Duration Challenged
- 1/10/2022 12:05:32 PM
- 1 Comments
- Manikanth
- BMU
The Delhi High Court on Tuesday issued notice on the
petition filed by a medical aspirant, challenging the vires of National Medical
Commission (Foreign Medical Graduate Licentiate) Regulations, 2021, as ultra
vires the Constitution.
The Division Bench of Chief Justice DN Patel and Justice
Jyoti Singh has fixed the case for hearing on February 28.The petitioner is a
medical aspirant, desirous of pursuing BS Biology (1.5 - 2 years) leading to
Doctor of Medicine-MD (48 months) at at Lyceum North Western University,
Philippines, which is at par with MBBS course in India.
Section 36 of National Medical Commission Act, 2019 permits
recognition of medical qualifications granted by medical institutions outside
India.
It is the petitioner's case that the impugned regulations of
2021 are ultra vires the parent statute. i.e., the National Medical Commission
Act, 2019. Further, it is contended that the impugned regulations bring in
certain new disabilities which will adversely affect her career and the careers
of many Indian students who wish to take admission in foreign medical
universities.
The plea points out following issues:
1. Regulation 4(i) of the impugned regulations has laid down
the minimum duration of MBBS course (54 months) for recognition in India.
It is stated that this will jeopardize careers of students
pursuing, and those who wish to pursue undergraduate medical course (less than
54 months) from foreign countries.'...MBBS course with less than 54 months of
course duration is already recognised by
Section 36(4) of the NMC Act. Now, the impugned notification, which is a subordinate legislation, cannot override
or amend Section 36(4) of the NMC Act,'
the plea reads. Read More
Source: Published on LiveLaw.Com
