MP HC notice to state, Medical Council over FMG Internship Duration Increase from 2 to 3 years

Published On 2025-01-24 10:50 GMT   |   Update On 2025-01-24 10:50 GMT

Madhya Pradesh High Court

Jabalpur: The Madhya Pradesh High Court has sought to know the stand of the State Government and the State Medical Council on a plea filed by the Foreign Medical Graduates who challenged the increase of the term of their internship by the State Medical Council from two to three years retrospectively.

"Heard on the question of admission. Issue notice to the respondents on payment of process fee by Registered AD mode within three working days. Notices be made returnable within three weeks. In addition, petitioners are permitted to serve the respondents Hamdast, for which requisites be filed by 21st January . Office is directed to take necessary steps in this regard. The petitioners are also directed to file the acknowledgment of receipt of notice along with an affidavit in support of service of Hamdast Notice," the HC bench comprising Justices Sushrut Arvind Dharmadhikari and Anuradha Shukla mentioned in its order.

The Court was considering the plea filed by the petitioners, who after clearing the NEET UG exam and obtaining the eligibility certificate, went to China to study MBBS. However, they were forced to return back in their penultimate year due to the COVID-19 pandemic and consequently completed their MBBS course through online mode.

Accordingly, their internship period was extended for a period of two years in comparison to one-year period for the medical students who pursued their UG medical education in India.

Also Read: Awaiting for Internship for 6 Months, Haryana FMGs Urge NMC to Intervene

As per the latest media report by Live Law, in their plea, the petitioners claimed that they were informed on November 4, 2024, that their internship period would be now for a period of three years which the petitioners claimed had been made retrospectively for "students who completed their course from China during/after" COVID-19 pandemic.

In the plea, the students claimed that they were about the complete the internship term in March 2025. According to them, when they were registered, they were informed through a letter of March 23, 2023 by the State Medical Council that their internship period would be for two years. Therefore, the theory of Promissory Stopple and Legitimate Expectation was applicable, they claimed.

Apart from this, the petitioners also submitted that they started studying for the Pre-PG examination which is scheduled in June 2025 and the students have to study for at least a year to clear the Pre-PG examination.

They submitted that they were in the middle of their studies forthe  Pre-PG exam but suddenly on November 4, 2024, they were informed that now the internship period would continue for three years, which "automatically means" they wouldn't be declared as eligible to appear for the Pre-PG examination.

It has been argued in the plea that the way the MP Medical Council extended the internship period has not happened in any other part of the country. It stated that in and order dated March 23, 2023, the MP Medical Council used the world "24 months" which means "two years" and therefore, under any stretch of imagination, it could not be given a retrospective application by the order dated November 4, 2024.

Filing the plea, the petitioner prayed to the Court to quash the November 4, 2024 order and direct the authorities to give a No Objection Certificate and the eligibility certificate to the petitioners to complete the internship period on march 23, 2025, since the two-year internship will be completed on the said date. They also prayed to issue direction to the authorities to declare them to be eligible to appear in Pre-PG exam 2025-2026 & 2026-2027.

Issuing notice to the State and MP Medical Council, the HC bench has listed the matter for further hearing on February 10, 2025.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/mp-hc-fmg-internship-270871.pdf

Also Read: Andhra FMGs Oppose 3-year Internship, Protest Demanding Permanent Registration

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Article Source : with inputs from Live Law

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