Fragmented education produces half-baked professionals: Delhi HC denies FMGE relief to foreign medical graduates, upholds NMC, NBE decision
New Delhi: The Delhi High Court recently held that students from India who have obtained 'fragmented medical education' abroad in a foreign medical school or multiple foreign medical institutes cannot be allowed to appear in the screening test, Foreign Medical Graduates Examination (FMGE), to practice medicine in India.
Noting that 'fragmented education produces half-baked professionals', the Delhi HC bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia denied relief to a group of foreign medical graduates who had to change their medical institute abroad due to the COVID-19 outbreak, the Russia-Ukraine war, and certain personal reasons.
"It has also been argued that such fragmented education produces halfbaked professionals and, therefore, any Indian citizen having obtained such medical education in a foreign medical school or multiple foreign medical schools cannot be permitted to be treated to be eligible for taking the Screening Test, as no such medical professional can be allowed to play with the health of the people," observed the High Court bench.
"Such a fragmented education, in our opinion, will not make the petitioners eligible for the reason already stated on behalf of the respondent nos.1 (NMC) and 2 (NBE) and also because, we find that any medical qualification based on a fragmented study in different medical colleges, which in this case are two to three different foreign medical colleges, if treated as an eligible PMQ, the same will not be in public interest as it will certainly amount to compromising the quality of medical professionals in the country," it further noted.
Case Background:
The petitioners had taken admission in different foreign medical institutes for pursuing their medical course; under certain circumstances such as the outbreak of civil war, COVID-19, the Russia-Ukraine war and for certain personal reasons, then they got themselves transferred to other medical schools situated in countries other than where they had initially taken admission. In the year 2020, the petitioners approached Micronesia Medical College, seeking transfer for completion of their studies of the medical course, which was accepted by the Medical College, and on completion of the medical studies, they were conferred with the requisite certificate.
The petitioners applied to appear in the Screening Test conducted in June 2023. However, they were held to be ineligible. Later, they approached a Medical School at Belize Medical University and underwent a certain additional course based on their scorecard issued when they had pursued their studies at Micronesia Medical College, and the Belize Medical University issued a certificate on 13.10.2023 validating the medical degree granted by Micronesia Medical College under a Memorandum of Understanding (MOU) entered into between the institute and Belize Medical University on 19.04.2021.
However, when they applied to appear in the Screening Test in December 2023, they were again denied participation by NBE on the ground that the petitioners had submitted an alternate Primary Medical Qualification (PMQ) Certificate in lieu of the same degree certificate from the said Medical College for the same period of studies, which was not treated by NBE as sufficient to hold them eligible for FMGE.
The petitioner students approached the HC bench, seeking relief against the denial of their request to appear in the FMGE screening test by the NBEMS. They prayed to the Court to declare Regulation 4(1) of the Screening Test Regulations, 2002, which was inserted by a notification dated 26.09.2009, ultra vires and unconstitutional.
Through that regulation, the institutions included in the World Directory of Medical Schools published by the World Health Organisation were excluded from the category of institutions whose qualification, awarded to a person, was earlier treated as a Primary Medical Qualification (PMQ), making such a person eligible to be allowed to appear in the Screening Test.
Further, they sought quashing of Clause 2.14 of the Information Bulletin issued by NBEMS for conducting the Screening Test which requires that the foreign medical degree held by a person appearing in the Screening Test should be attested either by the Embassy of India or should be apostilled by the appropriate authority of the foreign country concerned.
They also challenged the communication/letter dated 14.05.2025 issued by the Deputy Director (Medical), Department of Examination Conduct of the NBE, which states that the candidates who have submitted an alternative PMQ in lieu of the degree certificates from New Tokyo Medical College, Federated States of Micronesia shall not be considered eligible to appear in FMGE.
Before the Delhi HC bench, it was argued on behalf of the petitioners that the Micronesia Medical College where the petitioners had studied and were awarded the certificate was included in the World Directory of Medical Schools published by WHO, however, because of the impugned substituted Clause 4(1) of the Screening Test Regulations, 2002 they are not being treated to be eligible to take the Screening Test.
They also argued that Section 13(4A) of the IMC Act, 1956 does not prescribe that the foreign medical degree possessed by an Indian citizen, awarded from a foreign medical school, should be attested by the Embassy of India or should be apostilled by the appropriate authority of the foreign country concerned and, therefore, such a prescription contained in Clause 2.14 of the Information Bulletin is beyond the provision of Section 13(4A) of the IMC Act, 1956.
Meanwhile, the counsel for the National Medical Commission (NMC) relied on the affidavit filed in this petition by the Ministry of External Affairs, Government of India, where it was stated that the officials of the Embassy visited the Micronesia Medical College in 2023 and found that the said medical college had grossly inadequate infrastructure, including a namesake laboratory, absence of proper faculty and institutional set-up, and the institution was functioning from a floor in an old building and, therefore, these facts fully justify the necessity of the confirmation of the PMQ by the Indian Embassy.
NMC's counsel also referred to the public notices/circulars dated 08.08.2023, 22.11.2024 and 21.07.2025 and argued that the Indian students were advised against seeking admission at Belize Medical University and, therefore, any qualification obtained by the petitioners from the said medical university will not make them eligible to appear in the FMGE.
Apart from this, it was also submitted that the petitioners pursued their education in multiple institutes and therefore, they cannot seek their eligibility to appear in the FMGE on the basis of PMQ issued by the Belize Medical University to cure the deficiencies arising out of their fragmented education.
The counsel also referred to the Foreign Medical Graduate Licentiate Regulations, 2021 to submit that any certificate obtained after fragmented education spells cannot be permitted to be the requisite PMQ for permitting participation in the FMGE as the said Regulation provides that only that qualification will be a valid PMQ where a person who pursues the foreign medical degree has undergone a course of theory, practical and clinical training equivalent to MBBS of India and should have completed internship of 12 months in the same foreign institution from where the PMQ has been obtained.
At the outset, the counsel for NMC argued that such fragmented education produces halfbaked professionals and, therefore, any Indian citizen having obtained such medical education in a foreign medical school or multiple foreign medical schools cannot be permitted to be treated to be eligible for taking the Screening Test.
Further, referring to the Memorandum of Understanding between Micronesia Medical College and Belize Medical University, the counsel argued that such an MOU cannot be construed as authorising validation of a PMQ or creation of an alternate qualification to satisfy FMGE eligibility requirements.
In addition, the counsel for NBE referred to the Advisory on Medical Education in Federated States of Micronesia issued by the Embassy of India in Manila, Philippines, where it was stated that though relevant information was sought by the Embassy from the Government of Federated States of Micronesia on Micronesia Medical College, however, no response was received from Federated States of Micronesia and, therefore, the Embassy of India in Manila, Philippines would not be in a position to authenticate any degree or any other educational documents issued by the Micronesia Medical College.
The counsel for NBE also argued that the petitioners produced the PMQ issued by Belize Medical University in substitution of the qualification originally obtained by them from Micronesia Medical College, for the very same period of study, and accordingly, irrespective of the nature of attestation or authentication accompanying such a subsequent qualification, it cannot be made a basis for holding the petitioners eligible to appear in FMGE.
Observations by High Court:
While considering the challenge to Regulation 4(1) of the Screening Regulations, 2002, the HC bench referred to the Section 13(4A) of the IMC Act, 1956, which provides that if a person, who is a citizen of India, obtains a medical qualification granted by any medical institution in any country outside India recognised for enrolment as medical practitioner in that country, he shall be entitled to be enrolled in the medical register only if he qualifies the Screening Test in India prescribed for such a purpose.
"Thus, the statutory requirement for a citizen of India having obtained medical qualification from a medical institution situated outside the country for being enrolled on any medical register is that he will have to qualify the Screening Test in India prescribed for the said purpose. Section 33(ma) of IMC Act, 1956 provides that the Indian Medical Council can make regulations with previous sanction of the Central Government, providing for the modalities for conducting Screening Test under subSection 4A of Section 13 of the IMC Act, 1956... Under the scheme of IMC Act, 1956 it is the respondent no.1, (NMC) which is a body comprising of experts in the field, that was enabled to frame regulations for the purposes of regulating the medical education in India... Exclusion of such institutions by substituting the impugned Regulation 4(1) of the Screening Regulations, 2002 vide notification dated 26.09.2009, in our opinion, is based on the consideration of relevant factors by the respondent no.1, which appears to be based on experience of the respondent no.1 while regulating the medical education in India and, therefore, we are of the opinion that no interference in the said Regulation, which is based on expert opinion, is warranted," observed the High Court.
The Court noted that the petitioners, without any challenge to clause 2.14 of the Information Bulletin, earlier made their applications for appearing in the FMGE in June, 2023 and thereafter, they have challenged it only after they were declared ineligible vide impugned letter dated 14.05.2025.
"Such a challenge, in our opinion, would not be maintainable," held the High Court.
"Even otherwise, clause 2.14 of the Information Bulletin requires that the foreign medical degrees should be attested either by the Embassy of India or should be apostilled by the appropriate authority of the foreign country concerned. We do not find any good ground to interfere with such a provision for the reasons, firstly, that the said provision is in conformity with the requirement of Regulation 4(1) of the Screening Regulations, 2002, which are statutory in nature and secondly, attestation or apostillation of any foreign medical degree is a process of authentication of such a medical qualification and we do not find any prejudice to be caused to any candidate if the foreign medical qualification, on the basis of which he is seeking his eligibility to appear in the FMGE, is required to be authenticated. Authentication of a document submitted by any candidate claiming his eligibility on the basis of said document, in our opinion, is necessary so as to enable the examination conducting body to be in a position to exclude those candidates from appearing in the examination who seek their appearance on the basis of fake or false educational qualifications. Thus, requiring authentication by Embassy of India in a foreign country or apostillation of a foreign medical degree in accordance with the requirement of Hague Convention of 05.10.1961, in our opinion, does not cause any prejudice to any candidate and, therefore, any challenge to such a clause of the Information Bulletin has to necessarily fail," the Court further observed.
Addressing the challenge to the communication/order dated 14.05.2025, the bench expressed satisfaction with the reasons disclosed in the communication to hold the petitioners ineligible to appear in the FMGE.
"The impugned communication dated 14.05.2025 has been issued declaring the petitioners to be ineligible to appear in the FMGE by citing the advisory dated 15.09.2023 issued by the Embassy of India in Manila, Philippines. The said advisory was issued by the Indian Embassy at Manila for the reason that despite seeking relevant information from the Government of Federated States of Micronesia regarding Micronesia Medical College, no response was received and, therefore, the Embassy stated in the said advisory that it shall not be in a position to authenticate any degree or other educational documentation issued by the Micronesia Medical College," noted the HC bench.
"It is also to be noticed that these petitioners initially made their applications to appear in the FMGE in June, 2023, where the PMQ was claimed by them on the basis of medical qualification certificate issued to them by the Micronesia Medical College, which was not considered to be appropriate for permitting them to appear for FMGE. In the subsequent examination, i.e. FMGE December, 2023, the petitioners submitted a PMQ issued by Belize Medical University. The reason given by the respondent no.2 in its communication dated 14.05.2025, holding the petitioners to be ineligible for appearing in the FMGE, is that these petitioners had furnished the certificate from two different foreign medical institutions for the same period of study. We are in complete agreement to the said reason given by the respondent no.2 as the petitioners are seeking to appear in FMGE on the basis of fragmented studies undergone by them at various foreign medical institutions. Such a fragmented education, in our opinion, will not make the petitioners eligible for the reason already stated on behalf of the respondent nos.1 and 2..." it further observed.
At the outset, the bench referred to the Supreme Court order in the case of Yash Ahuja and Others v. Medical Council of India & Ors., where it was observed that the screening test has been introduced to check large scale irregularities of commercialisation of medical education leading to certification of ineligible doctors and so as not to let doctors with half-baked knowledge due to inadequate training or eligibility standards, to treat patients in India. With this observation, the bench dismissed the plea and denied granting relief to the petitioner FMGs.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/2026/09/05/delhi-hc-fmgs-eligibility-474234.pdf
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