Rajasthan HC denies bail to medicos accused of using fake FMGE certificates for internship

Jaipur: Observing that the use of forged certificates was a serious matter that could not be taken lightly, the Rajasthan High Court has refused to grant bail to several foreign medical graduates (FMGs) arrested in connection with an alleged fake Foreign Medical Graduate Examination (FMGE) certificate racket.

The accused were arrested in connection with FIR No. 08/2026 registered by the Special Operations Group (SOG). They were booked under charges including cheating, forgery, use of forged documents, criminal conspiracy, and provisions of the Information Technology Act.

While hearing the case, a single bench of Justice Ravi Chirania observed, "Though the petitioners are students, however, their admitted act of using fake certificates of FMGE clearly shows that despite having the professional degrees, they did the above-mentioned serious act, which cannot be taken lightly in the given facts and circumstances."

The petitioners had completed their MBBS degrees from countries such as Kazakhstan, Georgia and other foreign nations. They argued that while their foreign medical degrees were genuine and not under dispute, they were required to clear the FMGE, complete a compulsory internship, and obtain registration with the Rajasthan Medical Council before they could legally practise medicine in India.

The petitioners also submitted that they had been implicated in the case after the SOG expanded its investigation into an earlier FIR related to the fake FMGE certificate racket. They pointed out that 86 people have already been arrested in the case, while several others are still under investigation.

During the hearing, the petitioners admitted that some of them had appeared for the FMGE but were unable to clear the examination. They claimed that after learning the FMGE pass certificates provided to them were fake, some of them either did not use the certificates or withdrew from their internships. 

Seeking bail, the petitioners contended that they were students at the time and had not misused their medical degrees by practising as doctors. They also argued that none of them had any previous criminal record.

Opposing the bail pleas, the Government Advocate-cum-Additional Advocate General, along with the investigating officer, told the court that the petitioners had repeatedly failed the FMGE before allegedly approaching a racket headed by the accused, Shubham Gurjar, and others to obtain forged FMGE pass certificates.

The prosecution alleged that the gang misused the FMGE certificates of successful candidates by replacing their details with those of the petitioners. Using these forged certificates, the petitioners allegedly secured internships in government and private hospitals.

According to the prosecution, many of them destroyed the fake certificates or discontinued their internships after the fraud came to light during the investigation.

The prosecution also informed the court that while 86 accused have been arrested so far, more than 78 others remain under investigation and the number could increase.

After noting the arguments, the bench observed that there was no dispute over the validity of the petitioners' foreign MBBS degrees. However, it noted that none of them had cleared the FMGE, which is mandatory for foreign medical graduates seeking to practise in India.

At the same time, the court acknowledged that none of the petitioners had obtained registration with the Rajasthan Medical Council or had worked as practising doctors, and that all of them were still students.

However, the court held that using forged FMGE certificates was a serious act. It observed that although the petitioners had genuine medical degrees, their admitted conduct of using fake FMGE certificates could not be ignored.

After considering the overall facts, the seriousness of the allegations, and the submissions made by both sides, the Rajasthan High Court declined to grant bail to the petitioners at this stage.

To view the court order, click on the link below:

Also read- Rajasthan SOG arrests another medico in fake FMGE certificate racket, 30 held so far, 8000 doctors under scanner