MOHAMED IBRAHIM AND ORS.versusVINAYAKA MISSION UNIVERSITY AND ORS.

                          [2012] 3 S.C.R. 550


A                  MOHAMED IBRAHIM AND ORS.
                                    v.
            VINAYAKA MISSION UNIVERSITY AND ORS.
                 (Civil Appeal No. 2454 of 2012)

                         FEBRUARY 22, 2012
B
              [R.M. LODHA AND H.L. GOKHALE, JJ.]

          Education - Medical Education - Screening test for
    students with foreign medical qualifications - Eligibility criteria
C   for screening test - Eligibility of "primary medical qualification"
    - Appel/ants-students, who had completed medical course
    from the off-shore campus of VMRF in Thailand, claimed
    eligibility for screening test - Claim upheld by Single Judge
    of High Court but negated by the Division Bench - On
D   appeal, held: The eligibility criteria provided in the 2002
    Regulations make it clear that a candidate intending to
    appear in the screening test must, inter-a/ia, possess primary
    medical qualification - Such qualification must be a
    recognised qualification for enrollment as a medical
E   practitioner in the country in which the institution awarding
    such qualification is situated - In the instant case, the
    provisional degree awarded by VMRF, Thailand Off-shore
    campus to appellants-students was not recognised by the
    Medical Council of Thailand - Appellants-students were not
F   entitled to register the degree awarded to them by VMRF with
    the Medical Council of Thailand - The provisional degree
    awarded by VMRF to these students, therefore, did not
    amount to primary medical qualification - The view taken by
    the Division Bench that the appellants-students did not
G   possess eligibility of primary medical qualification, thus,
    cannot be said to suffer from any illegality - Screening Test
    Regulations, 2002 of the Medical Council of India -
    Regulations 2(f) and 4(1) - Indian Medical Council Act, 1956.


H                                  550
    MOHAMED IBRAHIM AND ORS. v. VINAYAKA                551
        MISSION UNIVERSITY AND ORS.
     The Government of India, vide notification issued in      A
2006 had accorded its approval to the proposal of
Vinayaka Mission's Research Foundation, Salem, now
Vinayaka Mission University ("VMRF") as a deemed
University for starting an Off-shore Campus offering
medical programmes at Bangkok, Thailand. The approval          B
so granted was inter alia subject to two conditions,
namely - 1) the degree shall be awarded by the VMRF to
the students studying at and passing of the Off-shore
Campus, Thailand by clearly stating that the degree has
been awarded by VMRF, Deemed University, Bangkok,              c
Thailand Off-shore campus and 2) the.degree awarded to
the students shall be treated as a foreign medical degree
and such students would be required to qualify the
screening test as per the provisions of Indian Medical
Council Act, 1956 and Screening Test Regulations, 2002
                                                               D
of the Medical Council of India.

     The appellants-students, who had completed
medical course from VMRF, Deemed University,
Bangkok, Thailand Off-shore Campus and were issued
a provisional certificate to that effect in the year 2009 by   E
VMRF, applied for screening test through VMRF to the
National Board of Examination (NBE). NBE did not
respond to such applications. VMRF then filed writ
petition which was allowed by a Single Judge of the High
Court. In intra court appeal, however, the Division Bench      F
set-aside the judgment of the Single Judge holding that
the appellants-students did not possess eligibility of
primary medical qualification. Hence the present appeals.

    Dismissing the appeals, the Court
                                                               G
    HELD: 1.1. A bare look at the eligibility criteria
provided in Regulation 4(1) of the Screening Test
Regulations, 2002 of the Medical Council of India leaves
no manner of doubt that a candidate who intends to
appear in the screening test must, inter-alia, possess         H
    552      SUPREME COURT REPORTS            [2012) 3 S.C.R.


A primary medical qualification. Such qualification must be
  a recognised qualification for enrollment as a medical
  practitioner in the country in which the institution
  awarding such qualification is situated. [Para 11) [557-B-
  C]
B
       1.2. Admittedly, the provisional degree awarded by
  the VMRF to these students is not recognised by the
  Medical Council of Thailand. These students, who claim
  to have completed their course in the off-shore campus
  of VMRF, are not entitled to register the degree awarded
C to them by VMRF with the Medical Council of Thailand.
  The provisional degree awarded by VMRF to these
  students, therefore, does not amount to primary medical
  qualification. The view taken by the Division Bench that
  the students do not possess eligibility of primary medical
D qualification, thus, cannot be said to suffer from any
  illegality. [Para 12) [557-D-E]

        Soham Mayankumar Vyas and others vs. Union of India
    and others (2010) 13 SCC 137 : 2010 (11) SCR 818 - held
E inapplicable
                        Case Law Reference:
          2010 (11) SCR 818     held inapplicable   Para 13

F       CIVIL APPELLATE JURISDICTION : Civil Appeal No.
    2454 of 2012 etc.

        From the Judgment & Order dated 29.04.2010 of the High
    Court of Judicature at Madras in W.A. No. 716 of 2010.

G                             With

    C.A. Nos. 2455, 2456 & 2457 of 2012.

       K. Ramamoorthy, Amarendra Sharan, Dinesh Dwivedi, N.
  Shoba, Sri Ram J. Thalapathy, V. Adhimoolam, G. Umapathy,
H C.V. Subramaniam, Rakesh K. Sharma, S. Ramsubramaniam,
   MOHAMED IBRAHIM AND ORS. v. VINAYAKA                     553
 MISSION UNIVERSITY AND ORS. [R.M. LODHA. J.]
S. Gowthaman Farrukh Rasheed (for D.S. Mahra), Amit Kumar A
Somesh Jha, Dhru Pal, Avijit Mani Tripathi, Rudreshwar Singh,
Rakesh Gosain, Kaushik Paddar, Gopal Jha, Tapesh Kumar
Singh, K.K. Mohan, Ashish Mohan, Manish Shrivastva,
Abhishek Kumar Singh, S. Ramesh for the appearing parties.·

    The Judgment of the Court was delivered by                      B

     R.M. LODHA, J. 1. Permission to file Special Leave
Petition is granted in S.L.P. (C) No. 19294 of 2011.

    2. I.A. No. 2 of 2012 - application for impleadment is          C
granted in S.L.P. (C) No. 26236 of 2010. Leave granted in all
the Special Leave Petitions.

      3. We have heard Mr. G. Umapathy, learned counsel for
Vinayaka Mission University, Mr. K.Ramamoorthy, learned
senior counsel and Mr. Dinesh Dwivedi, learned senior counsel       D
for the students, Mr. R.F. Nariman, learned Solicitor General for
the Union of India and Mr. Amrendra Sharan, learned senior
counsel for the Medical Council of India.

     4. The Government of India, vide notification dated            E
October 10, 2006, accorded its approval to the proposal of
Vinayaka Mission's Research Foundation, Salem, now
Vinayaka Mission University {for short "VMRF") as a deemed
University for starting an Off-shore Campus offering medical
programmes at Bangkok, Thailand with an intake capacity and
                                                                    F
conditions of 100 undergraduate medical students per annum
on the terms and conditions mentioned in the Memorandum of
Understanding dated September 19, 2004 between VMRF and
Rangsit University, Thailand. The approval so granted was
subject to certain conditions mentioned at serial No. 9 of the
endorsement of the above Notification. The relevant conditions      G
are as under:

    "(i) Vinayaka Mission's Research Foundation, Deemed
    University, Salem along with its constituent institutions and
    its off-shore campus in Bangkok, Thailand, will continue to     H
    554      SUPREME COURT REPORTS                  (2012] 3 S.C.R.


A         abide by the norms and guidelines laid down and
          instructions issued from time to time by the University
          Grants Commission pertaining to institutions notified as
          Deemed to be Universities.

          (ii) Vinayaka Mission's Research Foundation, Deemed
B
          University's Bangkok, Thailand's Off-shore Campus shall
          be subjected to the laws of the land of Thailand as
          applicable.

          (iii) The students studying at and passing out from the off-
c         shore campus in Thailand shall be awarded degree by
          Vinayaka Mission's Research Foundation, Deemed
          University, clearly distinguishing them (by stating that the
          degree awarded by Vinayak Mission's Research
          Foundation, Deemed University's Bangkok, Thailand Off-
D         shore Campus) from the degrees awarded by the Deemed
          University in India.

          (iv) All norms of Medical Council of India, wherever
          applicable, will continue to be in force and complied with.

E         (v) The students studying in and passing out from the
          proposed Off-shore campus centre at Thailand would be
          treated as those holding a foreign medical degree and
          would be required to qualify the screening test as per the
          provisions of Indian Medical Council Act, 1956 and
F         Screening Test Regulations 2002 of Medical Council of
          India."

       5. From the perusal of the above conditions, two things
  become very clear, namely; (one) the degree shall be awarded
G by the VMRF to the students studying at and passing of the Off-
  shore Campus, Thailand by clearly stating that the degree has
  been awarded by VMRF, Deemed University, Bangkok,
  Thailand Off-shore campus and (two) the degree awarded to
  the students shall be treated as a foreign medical degree and
H such students would be required to qualify the screening test
   MOHAMED IBRAHIM AND ORS. v. VINAYAKA       555
 MISSION UNIVERSITY AND ORS. [R.M. LODHA, J.]
as per the provisions of Indian Medical Council Act, 1956 and         A
Screening Test Regulations, 2002 (for short "2002
Regulations") as Medical Council of India.

     6. Admittedly, the provisional MBBS degree awarded to
the concerned students by the VMRF (Deemed University,                8
Bangkok, Thailand Off-shore Campus) is not a degree
recognised by the Medical Council of Thailand. The Medical
Council of Thailand has accorded its approval now to the
faculty of Medicine, VMRF as a medical institution for awarding
MBBS degree for five years for the period March 10, 2011 till         C
March 9, 2016. More over, nothing has been shown either to
the High Court or to us that the course in Thailand is in any way
recognised or is approved by the Medical Council of India.

     7. Regulation 2(f) of 2002 Regulations defines "Primary
Medical qualification" which means a medical qualification            D
awarded by any medical institution outside India which is a
recognised qualification for enrollment as medical practitioner
in the country in which the institution awarding the said
qualification is situated and which is equivalent to MBBS in
India. Eligibility criteria for screening test is provided in         E
Regulation 4 of 2002 Regulations. Regulation 4(1), as was
existing during the relevant time, reads as under:

    "(1) No person shall be allowed to appear in the screening
    test unless:
                                                                      F
    he/she is a citizen of India and possesses any primary
    medical qualification, either whose name and the
    institution awarding it are included in the World Directory
    of Medial Schools, published by the World Health
    Organization; or which is confirmed by the Indian Embassy         G
    concerned to be a recognised qualification for enrollment
    as medical practitioner in the country in which the institution
    awarding the said qualification is situated."

    8. The students, who are before us, claim to have                 H
    556       SUPREME COURT REPORTS                  [2012] 3 S.C.R.


A   completed medical course and have been issued provisional
    certificate by VMRF on June 20, 2009. One of such certificates
    reads as under:

                   VINAYAKA MISSIONS UNIVERSITY
B              UNDER SECTION 3 OF THE UGC ACT, 1956

                        SALEM, TAMILNADU, INDIA

          Formerly known as Vinayaka Mission's Research
C         Foundation Deemed University)

            OFF-SHORE CAMPUS - BANGKOK- THAILAND

                       PROVISIONAL CERTIFICATE

D         REG. NO. VR MBU 04 1003 DATE: 20-06-2009

          This is to certify that J. MOHAMED IBRAHIM has passed
          the Final Bachelor of Medicine and Bachelor of Surgery
          Degree Examination held in May, 2009. He/She will be
          qualified to receive the M.B.B.S. Degree after satisfactorily
E         completing the prescribed period of Compulsory Rotatory
          Resident Internship for one year.
                                                       sd/-
                               CONTROLLER OF EXAMINATIONS
F      9. Based on the above certificate, these students applied
  for screening test through VMRF to the National Board of
  Examination (NBE). NBE did not respond to such applications.
  VMRF then moved to the Madras High Court during vacation.
  The Vacation Judge issued certain directions. Pursuant thereto,
G 21 students appeared in the screening test. Of these 21
  students, 4 cleared the screening test. The Writ Petition
  ultimately came to be allowed. NBE challenged the judgment
  and order of the Single Judge in intra court appeal before the ·
  Division Bench. The Division Bench allowed the appeal and
H set-aside the judgment and order of the Single Judge.
       MOHAMED IBRAHIM AND ORS. v. VINAYAKA                   557
     MISSION UNIVERSITY AND ORS. [R.M. LODHA. J.]
     10. The Division Bench, in the impugned order, has noted        A
that VMRF was not approved by the Medical Council of
Thailand and inspite of opportunity, nothing was produced to
show that the degree awarded by the VMRF was recognised.

     11. A bare look at the eligibility criteria provided in
Regulation 4(1) of 2002 Regulations leaves no manner of doubt        B
that a candidate who intends to appear in the screening test
must, inter-alia, possess primary medical qualification. Such
qualification must be a recognised qualification for enrollment
as a medical practitioner in the country in which the institution
awarding such qualification is situated.                             C

     12. Admittedly, the provisional degree awarded by the
VMRF to these students is not recognised by the Medical
Council of Thailand. These students, who claim to have
completed their course in the off-shore campus of VMRF, are          D
not entitled to register the degree awarded to them by VMRF
with the Medical Council of Thailand. The provisional degree
awarded by VMRF to these students, therefore, does not
amount to primary medical qualification. The view taken by the
                                                                         1

Division Bench that the students do not possess eligibility of       E
primary medical qualification, thus, cannot be said to suffer from
any illegality.

      13. Mr. K. Ramamoorthy, learned senior counsel for the
students heavily relied upon the decision of this Court in Soham
Mayankumar Vyas and others vs. Union of India and others1•           F
However, in view of peculiar factual position of this case as
noticed above, Soham Mayankumar Vyas has no application
at all.

     14. Civil Appeals are, accordingly, dismissed with no order     G
as to costs.

B.B.B.                                     Appeals dismissed.


1.    c201oi 13 sec 137                                              H