The Supreme Court has dismissed Dr Syed Hussain’s appeal over his unsuccessful applications for a permanent general practitioner post in Strokestown, County Roscommon. It found no failure by the Health Service Executive (HSE) to recognise his UK certificate and said no question required referral to the Court of Justice of the European Union.
Dr Hussain, an Irish citizen who qualified as a doctor in Pakistan, challenged the HSE’s handling of his qualifications under the General Medical Services (GMS) Scheme. He argued that his UK Joint Committee on Postgraduate Training for General Practice (JCPTGP) certificate had not been properly recognised under EU rules. The High Court dismissed his claim in 2010, and he appealed.
The judgment distinguished the certificate from a professional qualification. It recorded that the JCPTGP certificate confirmed experience equivalent to that required to practise in the UK National Health Service. It did not itself confer a right to practise in Ireland or qualify its holder for additional interview marks under the HSE’s scoring scheme.
The Court said the Medical Council issued Dr Hussain a certificate of eligibility under Article 36(5) of Directive 93/16/EEC on 26 April 2006. Under the applicable circular, that certificate was needed for a doctor with qualifications and training obtained outside the EU to be eligible to apply for entry to the GMS Scheme. The Court said Dr Hussain was therefore not eligible for the permanent post interview held in March 2006, and that interview’s scoring was irrelevant to his appeal.
At a second interview in June 2006, Dr Hussain ranked third on a panel for two available positions. The Court accepted that he would still have ranked third even if he had received the marks he sought. It also concluded that he was treated in the same way as another doctor whose comparable certificate did not attract professional-qualification marks.
Dr Hussain later joined the Irish College of General Practitioners and obtained a permanent GP post in Belmullet, County Mayo, after a 2007 interview. The Court noted that college membership could attract 60 additional marks under the circular. It concluded that he suffered no detriment because of the status of his JCPTGP certificate.
The Court also rejected the request for a preliminary reference to the EU court, finding no issue requiring interpretation of the Directive. It dismissed the appeal.