FMG Regulations by NMC challenged, Rajasthan HC Issues Notice

Claiming that she is unable to get permanent registration since her course duration is of 48 months, the student in her plea has contended that regulation 4(a)(i) is ultra vires since it travels beyond the scope of the Act and is in conflict of Section 34 of the Medical Council of India Act, 2019.

After taking note of the submissions, the Rajasthan High Court bench comprising of Chief Justice Akil Kureshi and Justice Sameer Jain has issued notice in the matter.

The matter relates to the recent National Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021, which took effect from the date of official gazette notification that is 18th November 2021.

Medical Dialogues had earlier reported that these Regulations brought many changes, which might make the foreign medical education less lucrative. The regulations clearly mentioned that after acquiring their medical degree, the foreign medical graduates in future will have to clear the NeXT exam and also undergo additional internship in India, apart from pursuing internship in their own instiutitions at the foreign country where they have studied.

Also Read: New FMG Regulations 2021 to change dynamics of MBBS abroad, here is how

On the issue of Grant of permanent registration to Foreign Medical Graduate, the regulation 4 stated that No foreign medical graduate shall be granted permanent registration, unless he has–

"(a) (i) undergone a course leading to foreign medical degree with minimum duration of fifty-four months".

This was one of the many conditions that the candidates need to fulfill for getting a permanent registration. It had been speculated earlier that this move would spell out doom for many foreign institutions and countries where the course duration is less than 54 months or 4 1/2 years as well as many of the foreign medical colleges that have teaching facilities but not training facilities.

The present case concerned a similar instance where the petitioner student is pursuing a medical course in a Philippines-based institute. It was alleged by the student that the institute is recognized as per the National Medical Commission Act, 2019.

However, the student's counsel pointed out that as per the Regulation 4 of the recent guidelines framed by the erstwhile Medical Council of India, now NMC, no medical graduate shall be granted permanent registration unless he or she has undergone a course leading to foreign medical degree with minimum duration of 54 months.

"By virtue of this regulation, the degree that may be awarded to the petitioner may not be recognized for the purpose of her registration in India since the course is of duration of 48 months," argued the counsel.

The counsel further argued that regulation 4(a) (i) is ultra vires since it travels beyond the scope of the Act and is in conflict with Section 34 of the Medical Council of India Act, 2019.

After taking note of the submissions made by the student, the High Court has issued a notice in the matter, returnable on 22.03.2022.

Also Read: NMC regulations on duration, internship for MBBS abroad challenged, High Court issues notice

In a similar petition, another student pursuing medical education in the Philippines had challenged the FMG Regulations a few weeks ago and Delhi High Court had issued notice on the matter as well. That case would be heard on February 28.

It should be noted in this context that NMC in its 2021 regulations had clearly mentioned that the regulations would not be applicable to foreign medical graduates who have acquired a foreign medical degree or primary qualification prior to the coming into force of these regulations or to those candidates who are pursuing their education in foreign institutions prior to the coming into force of these regulations or to those who are specifically exempted by the Commission or the Central Government. For those who are currently pursuing their foreign medical education would be governed by erstwhile regulations.

To read the High Court order, click on the link below.