The Supreme Court on Wednesday upheld the Medical Council of India’s regulation making it mandatory for students to qualify for the National Eligibility-cum-Entrance Test (NEET) to pursue undergraduate medical courses in foreign institutions. This regulation, introduced in 2018, ensures that Indian students studying medicine abroad meet the required standards to practice medicine in India.

The court ruling stated that the regulation is fair, transparent, and does not conflict with any statutory provisions. The requirement of qualifying the NEET UG is in addition to fulfilling the eligibility criteria prescribed in the Graduate Medical Education Regulations, 1997. A bench of Justices B R Gavai and K Vinod Chandran heard the petition in the Supreme Court.

The petitioners had challenged the regulation, arguing that it was introduced without amending the Indian Medical Council Act, 1956. However, the court held that the Medical Council had the power to introduce the regulation under Section 33 of the Act.

“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.

This ruling implies that Indian students seeking to study medicine abroad must now qualify NEET UG to be eligible for admission to foreign medical institutions.