Andhra Pradesh High court directs the National Medical Commission and Andhra Pradesh Medical Commission to give the final registration certificate to the petitioners
In a writ petition filed before the Andhra Pradesh High Court, the court disposed of the writ petition directing the National Medical Commission and The Andhra Pradesh Medical commission to consider the applications of the petitioners for final registration as medical practitioners in India. The writ petition was filed by the petitioners who pursued a medical course equivalent to MBBS in Belize Medical College, affiliated to the Central American Health Sciences University, Belize, Central America, and had completed the said course in the year 2019. After completion of the course, the petitioners sought registration as medical practitioners under the Indian Medical Council Act, 1956. Accordingly, the petitioners appeared for a screening test conducted by the National Board of Examinations and passed the screening test in December 2019. Subsequently, they undertook a one-year internship, as required under the regulations, in the Government General Hospital, Kadapa, Ongole, and Guntur respectively.
This judgement was given by a single judge bench of HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
The National Medical Commission (NMC) has been constituted by an act of Parliament known as the National Medical Commission Act, 2019 which came into force on 25.9.2020 by gazette notification dated 24.9.2020. The Board of Governors in supersession of Medical Council of India constituted under section 3A of the Indian Medical Council Act, 1956 stands dissolved thereafter. One of the functions of the commission is to lay down policies for regulating medical institutions, medical researchers, and medical professionals and make necessary regulations on this behalf; this is the reason why the National Medical Commission is a party to the writ petition.
The grievance of the petitioners is that even they have complied with all the necessary requirements, they were only granted provisional medical registration by the 4th respondent, which is the Andhra Pradesh Medical Council, instead of being granted final registration certificate. While this writ petition is pending, it appears that the petitioners have completed the required one-year internship and had also applied afresh to the National Medical Commission, which is the successor body of the 3rd respondent (Andhra Pradesh High Court), for issuance of a final registration certificate.
The case of petitioners was presented by Sri K.B. Ramanna Dora and the respondents were represented by Sri Vivek Chandra Sekhar. S. & Sri V.V. Anil Kumar.
Against the submission of the petitioners, the respondents presented that the application of the petitioners can be considered by the National Medical Commission in accordance with law under the applicable conditions and regulations.
The court after observing the presence of both the parties and the grief of the petitioner directed the 3rd respondent (National Medical Commission) and 4th Respondent (Andhra Pradesh Medical Commission) to consider the applications of the petitioners for final registration as medical practitioners in India, in accordance with the extant rules and regulations applicable to such registration. The court further directed that The said exercise may be completed at the earliest, in any event within a period of four months from the date of receipt of a copy of this order.
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