Supreme Court upholds validity of additional NEET qualification to pursue foreign medical course

New Delhi: The Supreme Court has upheld the validity of the Medical Council of India's regulation, mandating further eligibility criteria of qualifying National Eligibility-cum-Entrance Test (NEET) to pursue undergraduate medical course in a foreign medical institution.

A bench of Justices B R Gavai and K Vinod Chandran said 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 Indian Medical Council Act, 1956 Act nor on any count arbitrary or unreasonable. 

The NEET was made mandatory for Indian students who want to study MBBS abroad if they plan to practice in India, since 2018.

The court opined 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.

Petitioners Arunaditya Dubey contended that the said requirement was first introduced in the year 2018 by a notification without an amendment to the statute itself. The requirement for such qualification in the NEET hence cannot be insisted, which goes against the statute.

"We find absolutely no reason to interfere with the regulations," the bench said.

The court also refused exemption as one time measure.

"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 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 bench said.

The court noted the qualification on the “NEET for admission to MBBS course”, deemed to be treated as the eligibility certificate for students desirous of pursuing primary undergraduate medical education from any medical institution outside India, is an addition to the requirement of fulfilling the eligibility criteria for admission to the MBBS course prescribed in the regulations on Graduate Medical Education, 1997.

It pointed out Indian Medical Council Act, 1956 was amended in 2001) incorporating sub-section (4A) and (4B) under Section 13. 

Section 13 (4A) required a citizen of India who obtains medical qualification from any institution outside the country to qualify in a screening test before he/she is entitled to be enrolled in the Medical Register maintained by a State Medical Council or the Indian Medical Register, it noted.

Sub-section (4B) also required an eligibility certificate to be obtained from the Medical Council before the student gets admission to a course leading to a primary medical qualification from any medical institution in a foreign country, it added.