Supreme Court Upholds NEET Mandate For Indian Students Pursuing Medical Education Abroad

The Supreme Court has upheld the regulations mandating that Indian students seeking admission to foreign medical institutions must qualify the National Eligibility-cum-Entrance Test (NEET) to obtain an Eligibility Certificate. The Court dismissed petitions challenging Clause 8(iv) of the Foreign Medical Institution Regulation, 2002, which was introduced in 2018 by the erstwhile Medical Council of India (MCI), now the National Medical Commission (NMC).

The Bench of Justice B.R. Gavai and Justice K. Vinod Chandran ruled that the regulation ensures a fair and transparent process for granting Eligibility Certificates and does not conflict with any statutory provisions.

"The requirement of an Eligibility Certificate from the Medical Council had been provided by Section 13(4B) through an amendment in 2001. The mandate to qualify for NEET ensures fairness and transparency. We find absolutely no reason to interfere with the regulations," the Bench observed.

Advocate Viraj Kadam appeared for the Petitioner, while Senior Advocate Gaurav Sharma appeared for the Respondent.

The petitioners, after the dismissal of their challenge, sought a one-time exemption from the NEET requirement to secure Eligibility Certificates. However, the Court refused to entertain the request, stating that students who knowingly took admission in foreign institutions after the regulation came into force could not seek exemption.

"Obviously, with open eyes, 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 an exemption from the regulations, which lay down essential eligibility criteria for practicing medicine within the country. This does not restrict their right to practice anywhere outside India," the Court stated.

Addressing the contention that the regulations were introduced through a notification rather than an amendment to the Act, the Bench held that the Medical Council had invoked its statutory powers under Section 33 of the Indian Medical Council Act, 1956.

Concluding that the regulations were neither unconstitutional nor arbitrary, the Court dismissed all petitions, reaffirming that the additional eligibility criteria were valid and necessary to uphold medical education standards in 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. Hence, all the petitions are dismissed. Pending application(s), if any, shall stand disposed of," the Court ordered. 

Cause Title: Arunaditya Dubey v. Medical Council of India & Anr. [Writ Petition Civil No. 1205 OF 2019]

Appearance:-

Petitioner: Advocates Viraj Kadam, Rahul Kumar, Soumya Dutta (AOR), Siddhant Upmanyu

Respondent: Senior Advocate Gaurav Sharma, Advocates Prateek Bhatia (AOR), Dhawal Mohan, Paranjay Tripathi, Rajesh Raj

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