(Published in Part III, Section 4 of the Gazette of India Extra-ordinary issue dated the 18^th February,2002)

MEDICAL COUNCIL OF INDIA
NOTIFICATION

New Delhi dated the 13^th February,2002

No. MCI-203(9)/2001-Regn/

In exercise of the powers conferred by section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India, with the previous sanction of the Central Government, hereby makes the following regulations, namely:-

1. Short title and commencement –
   
   (1) These regulations may be called the Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions:-In these Regulations, unless the context otherwise requires,-

1. "Act" means the Indian Medical Council Act,1956 (102 of 1956);
2. "Council" means the Medical Council of India constituted under section 3 of the Act;
3. "Permanent Registration" means registration for the purpose of enrolment on any State Medical Register or Indian Medical Register after obtaining the Primary Medical qualification followed by completion of such practical training as prescribed either in India or abroad as per the provisions of the Act;
4. "Primary Medical qualification" means a medical qualification awarded by any medical institution outside India which is a recognized qualification for enrolment as medical practitioner in the country in which the institution awarding the said qualification is situated and which is equivalent to MBBS in India;
5. "Provisional Registration" means provisional registration in a State Medical Register or Indian Medical Register for the purpose of undergoing practical training in India as prescribed and for no other purpose by an Indian citizen possessing any primary medical qualification but has not undergone such practical training after obtaining that qualification as may be required by the rules or regulations in force in the country granting the qualification;
6. "qualifying examination" means the examination to be qualified to become eligible for admission to MBBS course in India as prescribed in the Graduate Medical Education Regulations, 1997.

3. An Indian citizen, who has passed the qualifying examination either from India or an equivalent examination from abroad and is desirous of joining an undergraduate medical course in any foreign medical institution on or after 15^th March, 2002 shall approach the Council for issue of an Eligibility Certificate for that purpose.
4. The request for issue of Eligibility Certificate shall be made by the candidate in the proforma prescribed by the Council and shall be accompanied by the original certificate/mark-sheet (alongwith Photostat copy) of the qualifying examination. The original certificate shall be returned to the candidate after verifying the same with the photostat copy which shall be retained by the Council. Request shall also be accompanied by a Demand Draft for the specified sum in favour of Secretary, Medical Council of India, New Delhi. The fee shall be fixed by the Council.
5. The Council shall be free to investigate on its own into the correctness of information furnished by the candidate in his/her application and/or call for any further information in this regard from the candidate and in the event of any information furnished by the candidate being found to be incorrect or false during such investigation or at any subsequent stage, the Council may refuse to issue the eligibility certificate or if already issued may cancel the same and he/she shall stand debarred from appearing in the screening test prescribed in sub-section (4A) of section 13 of the Indian Medical Council Act, 1956 without any notice. The decision of the Council in this regard shall be final.
6. The candidate shall also produce a certificate of his/her date of birth if it is not recorded in the certificate of the qualifying examination.
7. A candidate belonging to Scheduled Caste/Schedule Tribe/Other Backward Class shall produce a caste certificate issued by Competent Authority.
8. The Council shall consider the application for Eligibility Certificate and verify the following details as per the Regulations of the Council –

1. Whether the candidate fulfills the age criterion prescribed by the Council?
2. Whether the candidate fulfills the eligibility criteria for admission to MBBS course in India as prescribed in the Graduate Medical Education Regulations, 1997, i.e., minimum qualifying marks criteria in Physics, Chemistry, Biology and English, including relaxed criteria in case the candidate belongs to a reserved category?
3. If the candidate belongs to SC/ST/OBC, whether he/she has produced a caste certificate from a Competent Authority?

9. After verification, as required, if the candidate is found to fulfill the eligibility criteria, the Council shall issue an Eligibility Certificate in the prescribed format to the candidate certifying that he/she is eligible to join a medical institution outside India to obtain a primary medical qualification. The certificate shall indicate that on return after obtaining the foreign primary medical qualification, the candidate shall have to undergo a screening test, subject to fulfillment of the conditions prescribed in the Screening Test Regulations, 2002, and that passing this test shall only entitle him to provisional/permanent registration by the Medical Council of India or the State Medical Councils.
10. In case the candidate does not fulfill any of the qualifying criteria the Council may reject his application for issue of Eligibility Certificate giving the reasons therefore.
11. The issue of a eligibility certificate to a candidate shall not entitle him to any right, whatsoever, other than to take admission in an undergraduate medical course in a foreign medical institute.

4 Admission to the Medical Course-Eligibility Criteria:

No Candidate shall be allowed to be admitted to the Medical Curriculum of first Bachelor of Medicine and Bachelor of Surgery (MBBS) Course until:

1. He/she shall complete the age of 17 years on or before 31^st December, of the year of admission to the MBBS course;
2. He/she has passed qualifying examination as under:-

1. The higher secondary examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher Secondary Examination after a period of 12 years study, the last two years of study comprising of Physics, Chemistry, Biology and Mathematics or any other elective subjects with English at a level not less than the core course for English as prescribed by the National Council for Educational Research and Training after the introduction of the 10+2+3 years educational structure as recommended by the National Committee on education;

Note: Where the course content is not as prescribed for 10+2 education structure of the National Committee, the candidates will have to undergo a period of one year pre-professional training before admission to the medical colleges;

or

2. The intermediate examination in science of an Indian University/Board or other recognised examining body with Physics, Chemistry and Biology which shall include a practical test in these subjects and also English as a compulsory subject;

or

3. The pre-professional/pre-medical examination with Physics, Chemistry and Biology, after passing either the higher secondary school examination, or the pre-university or an equivalent examination. The pre-professional/pre-medical examination shall include a practical test in Physics, Chemistry and Biology and also English as a compulsory subject;

or

4. The first year of the three years degree course of a recognized university, with Physics, Chemistry and Biology including a practical test in three subjects provided the examination is a "University Examination" and candidate has passed 10+2 with English at a level not less than a core course;

or

5. B.Sc examination of an Indian University, provided that he/she has passed the B.Sc examination with not less than two of the following subjects Physics, Chemistry, Biology (Botany, Zoology) and further that he/she has passed the earlier qualifying examination with the following subjects-Physics, Chemistry, Biology and English.

or

6. Any other examination which, in scope and standard is found to be equivalent to the intermediate science examination of an Indian University/Board, taking Physics, Chemistry and Biology including practical test in each of these subjects and English.

Note:

• The pre-medical course may be conducted either at Medical College or a Science College.
• Marks obtained in Mathematics are not to be considered for admission to MBBS Course.
• After the 10+2 course is introduced, the integrated courses should be abolished.

1. In states, having only one Medical College and one university board/examining body conducting the qualifying examination, the marks obtained at such qualifying examination may be taken into consideration;
2. In states, having more than one university/board/examining body conducting the qualifying examination (or where there is more than one medical college under the administrative control of one authority) a competitive entrance examination should be held so as to achieve a uniform evaluation as there may be variation of standards at qualifying examinations conducted by different agencies;
3. Where there are more than one college in a state and only one university/board conducting the qualifying examination, then a joint selection board be constituted for all the colleges;
4. A competitive entrance examination is absolutely necessary in the cases of institutions of All India character;
5. Procedure for selection to MBBS course shall be as follows:-

1. in case of admission on the basis of qualifying examination under clause (1) based on merit, candidate for admission to MBBS course must have passed in the subjects of Physics, Chemistry, Biology & English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry, and Biology at the qualifying examination as mentioned in clause (2) of regulation 4. In respect of candidates belonging to Scheduled Castes, Scheduled Tribes or Other Backward Classes, the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination be 40% instead of 50% as above.
   
2. In case of admission of the basis of competitive entrance examination under clause (2) to (4) of this regulation, a candidate must have passed in the subjects of Physics, Chemistry, Biology and English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry and Biology at the qualifying examination as mentioned in clause (2) of regulation 4 and in addition must have come in the merit list prepared as a result of such competitive entrance examination by securing not less that 50% marks in Physics, Chemistry and Biology taken together in the competitive examination. In respect of candidates belonging to Scheduled Castes, Scheduled Tribes or other Backward Classes the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination and competitive entrance examination be 40% instead of 50% as stated above:

Provided that a candidate who has appeared in the qualifying examination the result of which has not been declared, he may be provisionally permitted to take up the competitive entrance examination and in case of selection for admission to the MBBS course, he shall not be admitted to that course until he fulfils the eligibility criteria under regulation 4

It is brought to the notice of Indian (citizens) students who are desirous of joining an Undergraduate Medical Course (equivalent to MBBS in India) in any Foreign Medical Institution on or after the 15^th March,2002, that all such intending candidates shall have to approach the Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, New Delhi-110002 for issue of Eligibility Certificate for getting admission to an Undergraduate Medical Course in any Foreign Medical Institution as per the provisions of "Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations,2002" which has been notified in Part III Section 4 of the Gazette of India Extra-ordinary issue dated the 18^th February,2002. The application form for issue of the Eligibility Certificate may be obtained from the Council office. The application form alongwith the details required therein may be submitted to the Council alongwith the demand draft in favour of Secretary, Medical Council of India, New Delhi, for the prescribed sum. It may be understood that Eligibility Certificate will be issued by the Council only to such candidates who fulfill the criteria of age of admission to the medical course and passing of qualifying examination (10+2 or equivalent or higher qualification) with the required percentage of marks as prescribed in the Graduate Medical Education Regulations,1997, copies of which are available in the Council office on payment of Rs.100/-. The relevant extracts from these Regulations are also available on the Council’s Website. A candidate belonging to SC/ST/OBC has to produce a caste certificate from the competent authority. Only after necessary verification, if the candidate fulfills the eligibility criteria, the Council shall issue Eligibility Certificate to the candidate certifying that he/she is eligible to join a medical institution outside India to obtain a primary medical qualification. No candidate who has obtained admission in a Foreign Medical Institution on or after 15^th March,2002 shall be permitted to sit for the Screening Test, after obtaining the medical degree from abroad, for the purpose of his registration in India, unless he produces the Eligibility Certificate issued by the Medical Council of India. Further details may be obtained from the office of the Medical Council of India, New Delhi and also may be seen in the website of the Council – www.mciindia.org.
 
Sd/
DR. M. Sachdeva
Secretary
Medical Council of India

The Eligibility Certificate requirement from students passing out from Manipal College of Medical Sciences, Pokhra and Universal College of Medical Sciences, Bhiarahwa, Nepal

On 3.9.2001, the Indian Medical Council Amendment Act was passed by the Parliament incorporating certain provisions of the Act including Section 13(4)A and 13(4)B providing for issuance of eligibility certificate before admission of Indian students in medical institutions abroad and qualifying screening test after obtaining the medical qualification by the candidates coming back with medical qualification from abroad. 

            The Central Govt. in accordance with the provisions of the Amendment Act had specified the cut off date as 15.3.2002 whereof any candidate seeking either provisional or permanent registration under the provisions of the Act shall be required to qualify in the screening test. 

            In January 2007, the Ministry of Health, Government of India had asked the MCI to conduct inspections of the medical institutions in Nepal.  Manipal College of Medical Sciences, Pokhra, Nepal and Universal College of Medical Sciences, Bhiarahwa, Nepal had been inspected by the MCI.  In the case of Manipal College of Medical Sciences, it was observed that this college had been recognized under section 12 of the IMC Act in 2001 for 100 MBBS admissions annually.  It transpired that without seeking any further permission from the MCI/Government of India, this college at Nepal had started making 150 admissions annually and when it was recognized for 100 MBBS admissions annually.  It was further observed that the infrastructural, teaching and other facilities at both of these colleges at Nepal had been found to be deficient even for 100 MBBS admissions annually. 

            Under these circumstances, MCI was compelled to recommend to the Government of India to de-recognize both these private medical institutions at Nepal and till such time this process of de-recognition is completed, the candidates from these two colleges will be required to qualify in the Screening Test. 

            Candidates from these two private medical colleges had approached the Hon'ble Delhi High Court, challenging the imposition of the condition of qualifying in the Screening Test, decided by the MCI     for them.  It was with reference to the candidates in these two writ petitions who have obtained their medical qualifications from medical institutions in Nepal, that the Council was required to have a closer look at the provisions of the Act, from this perspective and in the background of Section 12 of the Act. 

            On behalf of the MCI, it was submitted before the Delhi High Court that the Council was having the perception as if the provisions of the Eligibility Certificate Regulations and Screening Test Regulations are applicable to the candidates who secure medical qualifications from institutions abroad which are included in Part-II of the III Schedule relatable to Section 13 of the Act.

            On a further examination of the relevant facts, the provisions of the Act including the amendments carried out in the year 2001, the provisions of the regulations dated 18.02.2002, i.e., Screening Test Regulations and Eligibility Certificate Regulations relatable to Section 13(4)A and 13(4)B of the Act, it has been observed that a careful and correct reading of the provisions of the Act and the regulations do stipulate that all the Indian citizens who secure primary medical qualification (MBBS) from any foreign medical institution which is either included in the Schedule-II or included in Part-II of the IIIrd Schedule shall be required to qualify the screening test under the provisions of the Screening Test Regulations. 

            The only exception which has been made is with regard to the temporary permissions which are granted by the MCI for the purposes of research, medical services for charitable and philanthropic purposes under the provisions of Section-14 of the Act.  It was submitted before the High Court that there seems to be a bonafide, however, an erroneous understanding of the requirements of the provisions of the IMC (Amendment) Act, 2001 and the Screening Test Regulations.  The requirement of law gets clear on the proper reading and understanding of the above-mentioned statutory position under the Act.  It would neither depend on the affidavit(s) of any authority, Govt. of India etc. nor would it be dependent upon the erroneous impression or understanding of any authority including the Council.  In any case, the ultimate analysis and interpretation shall be within the exclusive jurisdiction of the Hon'ble Courts requiring the concerned authorities to abide by it. 

            It is the belief of the Council that a bonafide erroneous impression of the  correct meaning and interpretation of the above-mentioned provisions of the Act and the regulations made thereunder understood and adopted by the Council – can always be put to an alteration / modification on having, once again, in a bonafide manner, to adopt a different point of view at a later occasion-on account of better understanding on the same subject and when this understanding appears to be more appropriate for appreciating the meaning and applicability of a law for achieving the purposes sought to be achieved. 

In view of above, the members of the Adhoc Committee appointed by the Hon'ble Supreme Court and of the Executive Committee of the Council decided that careful reading of Section 13(4)A – i.e. that "A person who is a citizen of India and obtains medical qualification granted by any medical institution in any country outside India recognized for enrolment as medical practitioner in that  country after such date as may be specified by the Central Government under sub-section (3), shall not be entitled to be enrolled on any Medical Register maintained by a State Medical Council or to have his name entered in the Indian Medical Register unless he qualified the screening test in India prescribed for such purpose and such foreign medical qualification after such person qualifies that said screening test shall be deemed to be the recognized medical qualification for the purposes of this Act for that person"  makes it clear that it is applicable to all the candidates who are Indian citizens and who have secured a medical qualification from a foreign medical institution and thus it is applicable to all the candidates acquiring a foreign medical qualification either u/s 12 (Schedule-II) or Section 13 (Schedule-III) of the Indian Medical Council Act, 1956.

In so far as the above-mentioned two private medical colleges viz.  Manipal College of Medical Sciences, Pokhra, Nepal and Universal College of Medical Sciences, Bhiarahwa, Nepal, are concerned, it is clarified that the candidates passing out MBBS from these two colleges will become entitled for registration under the provisions of the Indian Medical Council Act, 1956, only upon qualifying in the Screening Test. 

            It is further made clear that henceforth all those Indian students who are desirous of seeking admission in any foreign medical institution, shall be required to obtain an "Eligibility Certificate" from the MCI under the Eligibility Certificate Regulations 2002, before they are admitted in any foreign medical institution whether recognized under section 12 or under section 13 of the Indian Medical Council Act, 1956. 

            The issue regarding qualifying in the Screening Test for all those candidates who have obtained medical qualification from the foreign medical institutions recognized under section 12 of the Indian Medical Council Act decided by the Executive Committee of the Council in March 2008, shall be placed before the General Body of the Council for seeking its approval for the enforcement of this requirement. 

            Accordingly, the earlier Press Note on this website of the MCI, stating that the provisions of Eligibility Certificate Regulations 2002 and the Screening Test Regulations 2002 will not be applicable to the foreign medical institutions recognized under section 12 of the Indian Medical Council Act, 1956 – stands withdrawn with immediate effect.

  [Lt. Col. (Dr.) A.R.N. Setalvad (Retd.)]

                                                                              Secretary, MCI