The High court has dismissed an application filed by King Ceasor University medical graduate, Henry Gavin Mukalazi, who had sued the National Council for Higher Education (NCHE) after he was denied internship deployment.
Mukalazi, who graduated with a Bachelor of Medicine and Bachelor of Surgery (MBChB) in 2023, petitioned court following the council’s refusal to recognise his academic qualifications on grounds that he was admitted into medical school using invalid credentials.
Court heard that Mukalazi enrolled for the medical programme using a Bachelor’s degree in Diagnostic Ultrasound from Ernest Cook Ultrasound Research and Education Institute, obtained in July 2016.
However, the ultrasound qualification itself had been pursued using a certificate in Comprehensive Nursing, an entry route the court found did not meet the minimum requirements for admission into a bachelor’s degree programme in Uganda.
In his application, Mukalazi argued that NCHE had failed in its regulatory duty by allowing him to study for several years and accepting tuition payments, only to later invalidate his qualifications.
He maintained that denying him internship placement was unlawful and violated his right to practise his profession. However, in his ruling, acting judge Bonny Isaac Teko dismissed the application, holding that the applicant did not meet the minimum entry requirements at the foundational stage of his academic progression.
The judge emphasised that a certificate in Comprehensive Nursing, or any post O-Level certificate, is not a valid entry qualification for a bachelor’s degree programme, rendering Mukalazi’s subsequent academic credentials irregular.
Teko further noted that while the Constitution guarantees the right to practise a profession, this right is subject to compliance with statutory frameworks governing regulated fields such as medicine.
Quoting the Medical and Dental Practitioners Act, the judge observed that eligibility for registration requires not only possession of a recognised medical degree but also completion of a supervised internship in an approved facility.
The court also addressed the role of NCHE, noting that while the council does not deploy medical interns, a function reserved for the Medical and Dental Practitioners Council, Mukalazi’s case primarily challenged NCHE’s decision not to recognise his qualifications.
The judge concluded that the council acted within its mandate, and that the refusal to recognise Mukalazi’s academic credentials lawfully prevented him from progressing to internship and professional registration.
