Clerkship can't be imposed! Kerala HC orders Medical Council, DME to process registration of FMGs who took compensatory classes

Ernakulam: Granting relief to the medical graduates from abroad, the Kerala High Court recently directed the Kerala State Medical Council and the Director of Medical Education to process the registration applications of certain foreign medical graduates (FMGs) to join a one-year CRMI training without mandating them to undergo compulsory 2-year "Clinical Clerkship Program" in lieu of online classes.

"The petitioners are therefore entitled to relief. It is declared that “Clinical Clerkship” is not required for the petitioners as they have compensated their online classes with physical classes in their parent institutions as directed by the 1 st respondent. Respondents 2 and 3 are directed to process the registration application of the petitioners and pass appropriate orders / take appropriate decision within a period of six weeks," observed the HC bench comprising Justice N. Nagaresh.

The plea before the High Court was filed by medical graduates from abroad who had joined the undergraduate medical courses during 2017-2018. They completed their courses in China and consequently passed the screening test in India i.e. Foreign Medical Graduate Examination (FMGE).

However, since the students had to attend online classes during the COVID-19 pandemic, and they went back to their institutes and attended compensatory physical classes as mandated by the National Medical Commission (NMC), the Apex Medical Education Regulatory Body in India.

When the FMGs submitted their applications to get provisional registration from the Kerala State Medical Council and get enrolled into the compulsory CRMI programme, their applications were denied as the Council mandated a compulsory "Clinical Clerkship Program" for the online classes. Aggrieved by this, the petitioners approached the High Court bench.

On the other hand, the Council submitted that the petitioners' claim that they had compensated online classes undergone by them by attending compensatory physical classes could not be accepted as genuine. It was submitted that the Council of Modern Medicine constituted a Scrutiny Committee and every application of FMGs for registration are considered on its merits with the aid of supporting documents.

As per the Council's decision dated 19.09.2024, medical students who had a course break during the COVID-19 period and who had to undergo online classes due to it, will have to undergo one year of Clinical Clerkship before joining the one-year CRMI.

While considering the matter, the HC bench noted that the FAQ dated 22.02.2022, published by NMC stated that the FMGs were allowed to undergo online classes of theory subjects only and supplemented by offline practical and clinical training done in the Medical University and its affiliated hospitals during the course of MBBS. Further, NMC UG Board in its notice dated 04.03.2022 mentioned that FMGI Regulations, 2021 shall not be applicable to candidates who have joined their undergraduate medical education in foreign institutions prior to 18.11.2021.

"As per Ext.P7 Guidelines issued by the NMC, Indian citizens, who are Foreign Medical Graduates, shall be required to complete CRMI in India if they have not undergone such practical training after obtaining such qualifications as may be required by the Rules and Regulations in force in the country granting such qualifications or has not undergone any practical training in the country," noted the HC bench.

"On 28.07.2022, the NMC had issued a public notice allowing the students, who were in final year during Covid-19 / War etc. and who obtained course completion certificate before 30.06.2022, to appear for FMG Examinations and subsequently undergo two years CRMI so that the classes attended online can be compensated with physical training," further noted the Court.

Noting that there is no NMC mandate on the students who obtained course completion certificate before 30.06.2022 to undergo clinical clerkship, the HC bench observed,

"If they have completed the compensatory classes, then the 2 nd respondent (state medical council) cannot take a stand that the petitioners have to undergo a two year Clinical Clerkship. Going by the statement made by the 1 st respondent (NMC), the petitioners are entitled to exemption from two year internship and they need to complete only one year CRMI since they have adequately compensated for the online classes by subsequently attending in an offline mode. The 2 nd respondent in such circumstances will not be justified in imposing a two year Clinical Clerkship upon the petitioners even though the State Medical Councils are competent to assess the eligibility of the petitioners independently."

Accordingly, the HC bench declared that the petitioner students were not required to undergo "Clinical Clerkship" as they had compensated their online classes with physical classes in their parent institutes. With this observation, the HC bench directed the State Medical Council and DME to process the registration of the petitioners' applications and pass appropriate orders/ take appropriate decision within six weeks.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/kerala-hc-fmg-296179.pdf

Also Read: HC relief to FMG, Andhra Pradesh Medical Council ordered to issue permanent registration