Maharashtra Rules for Recognizing FMGs not binding in Karnataka: HC

Kalaburgi: The Kalaburgi bench of Karnataka High Court recently dismissed a plea by a Medical Graduate from China, who questioned the decision of the State Health Department for rejecting her application for the post of Medical Officer.

Challenging the decision of the State of rejecting her application on the grounds that he has graduated from an University in China, the concerned Foreign Medical graduate had pointed out that the State of Maharashtra recognizes medical degrees from Foreign University for appointing medical officers.

However, the HC bench dismissed the contention and observed that the eligibility criteria applicable in case of Maharashtra, is not binding for Karnataka.

"Merely because neighboring States have followed a different yardstick where they have recognized the medical degree from the foreign University, it cannot be contended that the qualification prescribed by the State of Karnataka in not recognizing the Medical Degree from the foreign University is erroneous," observed the single judge bench of Justice Anant Ramanath Hegde

The matter concerned the petitioner foreign medical graduate who approached the court after her application for considering her candidature for the post of Medical Officer was rejected by the State. As per the State qualifications, the applicant must possess MBBS Degree from the University established in India.

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The application of the petitioner doctor had been rejected on the ground that he had completed graduation in Medicine from the University of China. The counsel for the petitioner submitted that he was presently working as Medical Officer at Harkood, Bidar District. It was further argued that the petitioner was qualified for the post of the Karnataka State. 

In this regard, the counsel for the petitioner also referred to the notice issued by the State of Maharashtra and also the Selection list. It was contended that in State of Maharashtra, while recruiting the Medical Officers, the persons with medical degree from Foreign University are recognized. Further, the petitioner's counsel submitted that the petitioner has cleared the Screening Test.

On the other hand, the counsel for the State submitted that the qualification is prescribed by the State of Karnataka and the State of Karnataka has got the power to prescribe necessary qualification for the Medical Officers to be appointed by the State. The eligibility criteria fixed by the Maharastra State is not binding on the State of Karnataka.

Further, the State Counsel argued that the screening test cleared by the petitioner may enable the petitioner to practice medicine in India. However, that cannot be the basis for the petitioner to compel the State of Karnataka to recognize the degree from University in China to consider her application seeking appointment, argued the State Counsel.

While considering the matter, the HC bench referred to the notification dated 10.09.2020 issued by the State authorities where they had prescribed the qualification for the post of Medical Officers.

Referring to this, the HC bench observed,

"Merely because neighboring States have followed a different yardstick where they have recognized the medical degree from the foreign University, it cannot be contended that the qualification prescribed by the State of Karnataka in not recognizing the Medical Degree from the foreign University is erroneous. The State is within its power to prescribe the qualification for the posts, which it intends to fill-up. Under the circumstances, the endorsement at Annexure-L is inconsonance with the notification at Annexure-E. It is also to be noted that notification at Annexure-E is not called in question."

Therefore, dismissing the plea, the HC bench mentioned in the order, "Under the circumstances, petitioner is not entitled to relief claimed in the petition. Accordingly the petition is dismissed."

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/karnataka-hc-order-199872.pdf

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