'What’s the Logic Behind 2-Year Clerkship?': MP HC asks NMC, Allows 9 FMGs to Appear for NEET PG 2025

Bhopal: Granting interim relief to nine foreign medical graduates who challenged the increased duration of mandatory internship in India, the Madhya Pradesh High Court has provisionally allowed them to appear in the National Eligibility-Entrance Test for Postgraduate (NEET-PG) 2025 examination. 

Earlier, the HC had allowed them to fill up the NEET PG exam form. During the hearing of the matter on May 19, a HC Division bench of Justices Sanjeev Sachdeva and Vinay Saraf also sought clarification from the National Medical Commission's counsel regarding the reason behind 2 years of clerkship for the FMGs to compensate for their online training. "So you do one year of internship plus exam and additionally one year. Now you're saying that additionally 2 years of clerkship. What is the logic behind that? It's not explained," asked the bench.

"The learned Counsel appearing for the National Medical Commission submits that a short reply affidavit is proposed to be filed on behalf of Respondent No. 3. He submits that since the time was short, the original attested affidavit has not reached by post. He has produced the photocopy of the same. The same has been produced. Leave is granted to the counsel to file the short reply affidavit. Learned senior counsel for the petitioner submits that the petitioners who had undertaken one year of online course are being required to undergo two years additional internship in the name of clinical clerkship in addition to one year of compulsory internship. He submits that the petitioners instead of one year have undertaken two years of internship and as such have compensated for the online hands on training during the last year of their MBBS course in China. Learned Counsel for the National Medical Commission prays for time to file a detailed affidavit. Let the same be filed within three weeks. Re-notify on 19.06.2025. In the meantime, the petitioners are provisionally permitted to appear in the examination which is scheduled to be held on 15th June 2025. It is clarified that no special equity shall flow to the petitioner by this order and result of the petitioner shall not be declared without the leave of this Court," the bench ordered, quotes Live Law 

According to the existing rules, foreign medical graduates must undergo one year of internship in a medical college of the State after completing their medical education abroad. This is necessary to be able to get a permanent registration to practice medicine in India. During the COVID-19 outbreak, the duration of internship was increased to two years.

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

Medical Dialogues had earlier reported that a group of FMGs had filed a plea before the Madhya Pradesh High Court when their internship tenure was extended from 2 to 3 years just before they were going to complete their internship. They claimed that the MP Medical Council increased the duration of their internship by another year when only four months were left to complete the internship. While they were about to complete the internship term in March 2025, they were informed on November 4, 2024, that their internship period would now be for a period of three years.

Previously, while considering the plea, the Madhya Pradesh High Court had sought to know the stand of the State Government and the State Medical Council regarding the matter. 

The petitioners' counsel had argued before the Court that the NMC circular had been incorrectly been applied to the petitioners and other students who had pursued the medical course in China as the circular was applicable only to those who studied in Ukraine and later it had been clarified to apply the same for the students in Phillippines as well. However, it had no application for the students in China.

Recently, in the order dated May 2, considering the fact that the last date to apply for the NEET PG 2025 examination is 7th May 2025, the Court had allowed them to fill out the NEET PG exam form.

As per the latest media report by Live Law, during the hearing of the case on May 19, the Senior Counsel Aditya Sanghi, who appeared for the petitioners, submitted, "The May 2025 notification of Uttar Pradesh also mentions an internship period of 2 years. As far as the return of the Medical Council of India (MCI) is concerned, they are pressing only on the notification of 2023. We completed before 30th June 2022."

Meanwhile, the counsel for the National Medical Commission (NMC), Senior Counsel Anoop Nair submitted a printed copy of the reply sent through email and told the Court that the original copy was in transit.

At this outset, the Court orally asked, "When is the exam?” to which the counsel said that it is on June 15. It further asked, “What is the direction of the Supreme Court? They have not opined on this two or three year issue?"

Explaining the matter, Nair submitted, "The Hon'ble Apex Court says that the affidavit given by Union of India, they take care of that. And we have specifically stated that because you're doing one-year course online…to compensate that two years of clinical clerkship and then 1 year of compulsory internship."

Taking note of this, the Court further questioned, "Tell us one thing, they had all gone to China. Assuming they had completed the course then how were they to be recognised by the Indian…"

Nair informed in response that the students would have to appear for the Foreign Medical Graduate Licentiate Exam. Noting, the Court further asked, "That also they are required to do now?" To this, the NMC counsel replied in the affirmative.

"One year they did online. To compensate, to have parity…It's a 5-year course. So if they have done 5 years in China, they would have come back, cleared that exam and done two years of internship?" said the counsel.

However, explaining the matter, Nair said, "No, then it was not required. Then compulsory internship of one-year was required."

At this stage, the Court asked about the difference between clerkship and internship and if the graduates had completed five years "would there be no clerkship?"

Explaining, Nair said, "No. If they had taken physical classes and completed MBBS then its not required."

Taking note of this, the Court observed, "Then you're putting them one year back? What is the reason?"

In response, Nair observed, "Because the final year is more on a Hands-On approach and they have done online…"

Taking note of this, the bench observed,

"We can understand. We ignore your 5th year because you have done online. So you do one year of internship plus exam and additionally one year. Now you're saying that additionally 2 years of clerkship. What is the logic behind that? It's not explained. You have a very valid point that you have lost on your last year of clinical exposure. You could say that instead of one, we give you two years of internship. Internship is exactly the same thing as clinical exposure. Now you're saying two years of clerkship. Clerkship you don't know what the meaning of clerkship…unless its internship."

Thereafter, the NMC's counsel submitted before the Court that he would seek clarification regarding the clerkship.

The matter has now been listed for further hearing on June 19.

Also Read: FMG Internship Extension from 2 to 3 years in MP: HC notice to state, NMC, Medical Council