As a medical degree authorizes a person to treat a
life at risk, if such a degree remains unrecognized by the statutory
body, the functioning of the system is likely to be in error. This
problem is prevailing in many States of India like Jammu & Kashmir,
Himachal Pradesh, Punjab, Haryana, Uttar Pradesh, Bihar, Tamil Nadu,
Delhi and Maharashtra [1]. Any such training institution aspiring for
recognition should be provided with necessary aid and guidance to
fulfill the requirements for recognition.
We have strict regulations, for doctors trained in
other countries, to practice in India. Less than 25% of the foreign
medical graduates clear Foreign Medical Graduate Examination (FMGE)
screening test conducted by the National Board of Examinations (NBE)
[2]. The plight of medical students is at stake as they fall in to
pressure to choose an unrecognized medical degree after overcoming a
tough competitive examination, hoping that the recognition would occur
during their training period. The other area to discuss is attempts by
certain governments to allow non-medical persons to become faculties and
getting promoted, quoting acute shortage of medical faculty.
NBE and Medical Council of India (MCI) are the two
bodies that provide recognized postgraduate degrees in India under
Indian Medical Council Act (Table I). NBE was established
in 1982 with objectives to elevate the standards of postgraduate medical
education in modern medicine and conducting examinations of high
standard on all India basis. NBE conducts examinations in 72 disciplines
and subspecialties of modern medicine, which includes DNB program in 29
broad- and 25 super-specialties. NBE has accredited 469 institutions/
hospitals in public- and private-sector, all over the country. On the
other hand, MCI was established under the Indian Medical Council Act,
1933 with the main function of establishing uniform standards of higher
qualifications in medicine, and recognition of medical qualifications in
India and abroad. Under MCI, there are 462 medical colleges, which
annually admit 63,535 MBBS students and nearly half the numbers of
postgraduate students.
TABLE I Total Number of Postgraduate Seats Provided by National Board of Examinations and Medical Council of India
Specialty |
No. of Seats |
National Board of Examinations |
|
DNB Broad Specialty
|
3650 |
DNB Super Specialty |
565 |
Fellowship (FNB) |
259 |
Total
|
4474 |
Medical Council of India |
|
Broad Specialty (MD/MS/Diploma) |
25022 |
Super Specialty (DM/ MCh) |
2535 |
Total
|
27557 |
The Supreme Court of India once observed "It is the
Medical Council/Dental Council which can prescribe the number of
students to be admitted in medical courses/ dental courses in a medical
college or institution. It is the Central Government alone, which can
direct increase in the number of admissions, but only on the
recommendation of the MCI. Universities and State Governments had no
authority to allow increase in the number of admissions in the medical
colleges in the State. No medical college can admit any student in
excess of its admission capacity fixed by the MCI subject to any
increase thereof as approved by the Central Government, and that
Sections 10-A, 10-B and 10-C will prevail over Section 53(10) of the
State Universities Act and Section 41(b) of the State Government
Capitation Fee Act."
Medical education is still in infancy in India. The
recognition of medical degrees/diplomas is an important issue in almost
all the States of India, and in most of the medical specialties. Few
examples of various unrecognized medical degrees in India are University
of Seychelles - American Institute of Medicine (USAIM), College of
Physicians and Surgeons, Bombay [(L.C.P.S. (Bom), F.C.P.S. (Mid. and
Gyne.), F.C.P.S. (Ophthal.), D.G.O. (Dip. in Gyn. & Obst.), D.C.H. (Dip.
in Child Health)]. The membership examinations offered by the Royal
Colleges of Paediatrics and Child Health, London; Royal College of
Physicians, London; Royal College of Emergency Medicine in India are
also not recognized as additional qualifications for practice of the
respective disciplines. Many foreign universities such as George
Washington University are offering the Masters in Emergency Medicine
Courses (MEM) without being even on the edge of recognition by any
regulatory process or Government of India.
There had also been protests by medical students and
doctors in various parts of country to solve the issue of existing
unrecognized medical degrees in India. The resultant reduction in number
of postgraduate seats would also affect the medical fraternity, as it is
well known that already there are inadequate postgraduate seats in
comparison to undergraduate seats. Also, MBBS (without a post
graduation) is becoming insufficient in current era of
specialization-based practice.
The public authorities should take responsibility so
as medical institutions do not admit students and foster them a medical
degree/qualification at the end of training which by itself goes invalid
and deficient. The perpetuation of this practice puts the public as well
as the inadequately qualified doctors at risk. Some medical institutions
do fill these unrecognized seats with a written undertaking from the
students regarding the awareness of the consequences of having an
unrecognized medical degree, if the degree remains unrecognized. Such a
practice reflects negligent attitude of the stakeholders. Students do
not have role in any of the processes of getting a medical degree
recognized. It is the responsibility of the medical college/University,
State and Central Governments, and/or the MCI. However, for no reasons,
the students suffer ultimately. Consequences of possessing unrecognized
degrees/ diploma include denial of right to practice;
termination of services; demotion form senior post; denial of
registration of degree in Concerned State Medical Council/ MCI; denial
of employment/ promotion; not being counted as faculty members,
especially for starting postgraduate courses; humiliation for holding
unrecognized degree; no right to write unrecognized degree as suffix
with name; framing of criminal cases and civil cases of negligence; and
impact on patients’ rights.
Despite the availability of all the written
regulations in place, sincere efforts in action are inadequate, and
urgent remedial measures need to be implemented. The authorities in
power should be made to realize the recent rules and regulations, their
duties, and the hazards of unrecognized medical degrees, through
structured training programs. They should also be made accountable in
case of failure to implement the rules. Awareness among common men and
aspiring students has to be created regarding the existence of
unrecognized medical degrees and their hazards. Public awareness has to
be created regarding the laws to protect medical students and patients
affected by this problem. Central and State Governments should strictly
adhere to withhold admissions for degrees without prescribed
recognition. The trials in Court pertaining to this matter should be
processed in a speedy manner to curb further batches of students being
affected.
Stakeholders should ask oneself as why a student who
worked hard and succeeded a tough competition has to undergo training in
an unrecognized course, and after completing the course successfully,
had to linger around the court at the cost of his time, money and career
at stake, for things for which he/ she is not responsible. It is a very
important issue of public interest related to violation of Article 21,
14, 16 of the Indian Constitution and other statutory provisions. It is
also in violation of the Indian Medical Degree Act, 1916 and provisions
of the Indian Medical Council Act, 1956 [1].
References