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

MEDICAL COUNCIL OF INDIA

NOTIFICATION

New Delhi dated the 13th 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 Screening Test 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. "Prescribed" means prescribed by regulations made under this Act;
5. "Prescribed Authority" means a medical institution or any other examining body authorized by the Central Government/Medical Council of India to conduct Screening Test.
6. "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;
7. "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;
8. "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.
9. "registration" means either Provisional Registration or Permanent Registration.

3. An Indian citizen possessing a primary medical qualification awarded by any medical institution outside India who is desirous of getting provisional or permanent registration with the Medical Council of India or any State Medical Council on or after 15.03.2002 shall have to qualify a screening test conducted by the prescribed authority for that purpose as per the provisions of section 13 of the Act:
   
   Provided that a person seeking permanent registration shall not have to qualify the screening test if he/she had already qualified the same before getting his/her provisional registration.
   
4. Eligibility Criteria: No person shall be allowed to appear in the screening test unless:

1. 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 Medical Schools, published by the World Health Organisation; or which is confirmed by the Indian Embassy concerned to be a recognised qualification for enrolment as medical practitioner in the country in which the institution awarding the said qualification is situated;
   
2. he/she had obtained ‘Eligibility Certificate’ from the Medical Council of India as per the ‘Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002’. This requirement shall not be necessary in respect of Indian citizens who have acquired the medical qualifications from foreign medical institutions or have obtained admission in foreign medical institution before 15th March, 2002.

5. The purpose of conducting the screening test shall be only to determine the eligibility or otherwise of a candidate for his or her registration with the Medical Council of India or any State Medical Council and qualifying the same shall not confer any other right, whatsoever, on a candidate.
6. The details regarding the Scheme for conducting the screening test and the syllabus of the test shall be announced by the Medical Council of India from time to time for the information of the candidates.
7. The screening test shall be conducted twice every year as per the Schedule of examination announced by the Prescribed Authority. The procedure of conducting the test shall be in accordance with the Scheme announced by the Medical Council of India in this regard.
8. There shall be three papers of multiple choice questions in Pre-Clinical, Para-Clinical and Clinical Medicine and its allied subjects including Obstetrics and Gynaecology. The language of the test shall be English. The test for each paper will be of three hours duration.
9. A candidate shall be declared as having passed only if he/she obtains a minimum of 50% (fifty percent) marks in each paper separately. The minimum qualifying marks shall apply to all categories of candidates without exception.
10. A candidate may avail of maximum three chances to appear and pass the test. Actual appearance at the test will constitute an attempt. If he/she does not qualify even in his/her 3rd appearance in the test, the candidate will not be eligible for registration by the Council or by any State Medical Council in India.
11. The Prescribed Authority shall intimate the result of the Screening Test to the candidates as well as to the Secretary, Medical Council of India and the State Medical Councils. The unsuccessful candidates shall also be appropriately informed. The candidates who qualify the Screening Test may apply to the Secretary, Medical Council of India, New Delhi or to any State Medical Council for provisional registration/permanent registration along with the requisite registration fee in favour of Secretary, Medical Council of India or the State Medical Council. The Medical Council of India or the State Medical Councils shall issue provisional registration to such successful candidates, who are yet to undergo one year internship in an approved institution and issue permanent registration to such eligible candidates who have already undergone one year internship, as the case may be.

MEDICAL COUNCIL OF INDIA
Aiwan-E-Galib Marg, Kotla Road, New Delhi-110002

PRESS NOTE

New Delhi dated the 15th March,2002

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 15th 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 18th 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 15th 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
 

MEDICAL COUNCIL OF INDIA
Aiwan-E-Galib Marg, Kotla Road, New Delhi-110002
PRESS NOTE

New Delhi dated the 15th March,2002

It is brought to the notice of all Indian Citizens possessing a primary medical qualification awarded by any medical institution outside India who are desirous to getting Provisional or Permanent Registration with the Medical Council of India or any State Medical Council on or after 15th March,2002 that they shall have to qualify a Screening Test which will be conducted by the National Board of Examinations, Ansari Nagar, New Delhi-110029, as per the provisions of the Indian Medical Council Act,1956 (as amended) and the Screening Test Regulations,2002, which has been notified in Part III Section 4 of the Gazette of India Extra-ordinary issue dated the 18th February,2002. The Amendment Act and the Screening Test Regulations are available for reference in the MCI Website : www.mciindia.org. The Screening Test will be conducted twice a year as per the Schedule of Examination to be announced by the National Board of Examinations, New Delhi. There shall be three papers of Multiple choice questions in pre-clinical, para-clinical and clinical medicine and its allied subjects including Obstetrics. & Gynaecology. The language of the test shall be English. The test for each paper will be of three hours duration. A candidate has to obtain a minimum of 50% marks in each paper separately for passing the Screening Test. A candidate may avail of maximum of 3 chances (actual appearance) and if he does not qualify in the 3rd chance/appearance in the test, such candidate will not be eligible for registration by the Council. No candidate shall be allowed to appear in the Screening Test unless:

1. 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 Medical Schools, published by the World Health Organisation; or which is confirmed by the Indian Embassy concerned to be a recognised qualification for enrolment as medical practitioner in the country in which the institution awarding the said qualification is situated;
2. he/she had obtained ‘Eligibility Certificate’ from the Medical Council of India as per the Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations,2002’. This requirement shall not be necessary in respect of Indian citizens who have acquired the medical qualifications from foreign medical institutions or have obtained admission in foreign medical institution before 15th March,2002.

Dated: 26th February,2002.

1.	The Ambassador, Indian Embassy	All countries
2.	The High Commissioner, Indian Embassy
3.	Ambassador/High Commissioner of all Foreign Embassies in India  Through Ministry of External Affairs, Govt. of India, South Block, New Delhi.

Subject: Intimation regarding holding of Screening Test for Indian Citizens holding Foreign Medical Qualifications and issue of Eligibility Certificate to Indian candidates going abroad for joining undergraduate medical course in a foreign medical institution – Reg.

1. No new primary medical qualification (equivalent to MBBS in India) granted by any medical institution outside India shall be included in the Schedules to the Indian Medical Council Act after coming into force of the Indian Medical Council (Amendment) Act,2001 i.e. 3rd September, 2001.
2. A citizen of India possessing a primary medical qualification as defined in the enclosed Screening Test Regulations,2002 {para 2(f)}granted by any medical institution in any country outside India and who is desirous of getting provisional or permanent registration with the Medical Council of India or any State Medical Council on or after the 15th March,2002 shall have to qualify a screening test conducted by the prescribed authority.
3. An Indian citizen seeking admission in a foreign medical institution for obtaining a primary medical qualification as defined in the enclosed Screening Test Regulations, 2002 {para 2(f)} on or after the 15th March, 2002 shall be eligible to appear in the Screening Test only if he possesses the eligibility qualification as per the regulations framed by the MCI (for admission to MBBS course in India) – Extracts of Graduate Medical Education Regulations are enclosed for reference.
4. Any person who is desirous of joining an undergraduate medical course in any foreign medical institution on or after 15th March,2002 should approach the Medical Council of India, New Delhi for issue of Eligibility Certificate for that purpose as per the Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations,2002. All such candidates will be allowed to appear in the screening test only if they produce the eligibility certificate, after completion of the medical course abroad and if they are eligible to sit for the screening test as prescribed in the Screening Test Regulations,2002.

1. Indian Medical Council (Amendment) Act,2001 (published in the Gazette of India Extra-ordinary issue dated 3rd September,2001).
2. The Screening Test Regulations,2002 (published in the Gazette of India Extra-ordinary issue dated the 18th February,2002).
3. The Eligibility Requirement for Taking Admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations,2002.
4. Extracts of Graduate Medical Education Regulations – Regarding Eligibility requirement for admission to medical course in India.

                              MEDICAL COUNCIL OF INDIA


                                                                New Delhi the 28th June, 2003

1. No. MCI ____________________ In exercise of the powers conferred by   section 20A, read with section 33, of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India, with the previous approval of the Central Government, hereby makes the following regulations to amend the Screening Test Regulations, 2002, namely:-

1. (a) These Regulations may be called the Screening Test (Amendment) Regulations, 2003

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

2. In the Screening Test Regulations, 2002, for regulation 10, the following regulation shall be substituted, namely:-

“10. A candidate shall have to pass all the three papers in the same attempt. However there shall not be any restriction on the number of attempts to appear in the test.”



                                                    (Lt. Col. (Dr.) A.R.N. Setalvad) (Retd.)
                                                                                             Secretary

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