English subject at higher secondary level not mandatory for studying MBBS: HC quashes NMC order denying eligibility certificate to FMG

Chennai: The Madras High Court bench recently granted relief to a foreign medical graduate, who was denied an eligibility certificate by the National Medical Commission (NMC) on the ground that she did not study English.

Granting relief to the medico, the HC bench explained that English as a subject at the secondary level is not a mandatory requirement to study the MBBS course.

These observations were made by the HC bench while considering the plea by the petitioner, who is an Overseas Citizen of India. She pursued her school education in India in the Central Board of Secondary Education till 10th standard in Tamil Nadu. Thereafter, her family moved to Sri Lanka, and she completed her 12th Standard. Following this, she pursued her MBBS degree from China.

As per the existing rules, OCI candidates, who have pursued their MBBS degree outside India, have to clear the Foreign Medical Graduate Examination (FMGE).

To appear in the exam, the candidates need an eligibility certificate issued by the NMC. However, the petitioner's application for eligibility certificate was rejected on the ground that she did not study English. Thereafter, the petitioner made a detailed representation to NMC and submitted that all through her school and college, her medium of instruction had been English and she also studied English as a subject up to 10th Standard in the CBSE curriculum. Further, she said that she cleared the IELTS examination with a score of 7.5/9. She claimed to be very proficient in English.

Following this, the petitioner approached the HC bench and by the order dated 10.06.2021, NMC was directed to consider the representations of the petitioner and if the same was considered favourably, to allow her to appear in the examination scheduled on 18.06.2021.

However, her representation was rejected on the ground that she did not study English as a subject. Then, the appellant filed another plea. NMC contended that the curriculum undergone by the petitioner at the 12th level does not have English as a mandatory subject. The Commission argued that the appellant did not undergo regular, continuous and co-terminus/simultaneous teaching and training in the subject of English as per the provisions of eligibility requirement for taking admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002, read with Graduate Medical Education Regulations, 1997, as well as the Code-7 under Chapter 4 of the NEET – UG, 2021.

Pending the plea, the petitioner was allowed to appear in the examination through an interim order and the results were directed to be placed in a sealed cover. Thereafter, a single judge bench dismissed the judgement dated 25.10.2021 holding that the appellant was not qualified as per the mandatory rules. Reliance was also placed on the Supreme Court order in the case of Kaloji Narayana Rao University of Health Sciences -Vs- Srikeerthi Reddi Pingle & Ors, where the Apex Court directed that the rules be scrupulously followed.

Challenging the order by the Single Judge, the petitioner approached the Division bench of the High Court. It was argued by the petitioner's counsel that in this case, the regulations do not prescribe English as a mandatory subject unlike Physics, Chemistry, and Biology and therefore, the appellant having an equivalent qualification was eligible.

Further, referring to the Supreme Court order in the case of Kaloji Narayana Rao University of Health Sciences -Vs- Srikeerthi Reddi Pingle & Ors, the counsel argued that the Supreme Court order, in that case, was in respect of Biology and the same has to be applied in the context of the subject being English.

It was submitted that the appellant is proficient in English having undergone her entire studies with English as Medium of Instruction. Besides, the petitioner's counsel also brought to the Court's notice about the Public Notice dated 22.11.2023, through which the requirement of English as a co-terminus subject has been done away with retrospectively.

On the other hand, the counsel for NMC submitted that the Rules are mandatory and there cannot be any permission for the appellant to violate the Rules. It was argued that when the appellant did not study English as a subject, even the latest relaxation by public notice dated 22.11.2023 cannot come to her aid.

While considering the matter, the Court directed the sealed cover of the results to be submitted and it was seen that the appellant cleared the Foreign Medical Graduates Examination. Therefore, the Court proceeded to consider the case on merits and observed, "This is an extraordinary situation and we consider the Regulations with reference to the peculiar facts and circumstances of this case."

The Court referred to Regulation 4 of the Screening Test Regulations, 2022 and noted that NMC would issue the eligibility certificate to the candidate, if only she is eligible as per the Graduate Medical Education Regulations, 1997. Therefore, the bench perused Regulation 4(2) of GMER, 1997. Category (a) of Regulation 4(2) mentioned that the candidates have to pass their higher secondary examination or the Indian School certificate examination which is equivalent to 10+2 Higher Secondary Examination after a period of 12 years study.

Among these, the last two years of study should comprise Physics, Chemistry, Biology/Biotechnology, and Mathematics or any other elective subjects with English at a level not less than the core course of English as prescribed by the National Council of Educational Research and Training after the introduction of the 10+2+3 years educational structure as recommended by the National Committee on education.

At this outset, the bench noted,

"On a careful perusal of the above rule, it would be clear that while in other categories English is required as ‘Subject’, in category (a) alone, it is not required as a subject but the requirement is "English at a level not less than core course of English as prescribed by the National Council of Educational Research and Training"."

It was observed by the bench that the appellant has 12 years of study and it was not disputed that her qualification was equivalent to Higher Secondary. She studied Physics, Chemistry, and Biology as subjects. She also cleared the IELTS examination conducted by the British Council, United Kingdom, noted the Court.

Besides, the bench also noted that the National Council of Educational Research and Training (NCERT) framed the Learning Outputs for English language in 12 th Standard level. Referring to the concerned document, the Division bench noted,

"Thus, with the undisputed score of 7.5/9, equivalent to 80 % in 12 th standard of the National Board and 90 % in 12 th standard of the State Boards of India, in IELTS and having studied English upto 10 th standard in CBSE curriculum and having undergone all her education upto MBBS Degree only in English Medium, there can be no doubt that the appellant has the qualification in English to the level as not less than the core course of English as prescribed by NCERT. As such, the appellant qualifies as per Regulation 4 (2) (a) of the Regulations. NMC as well as the Learned Single Judge went as if it was mandatory to have ‘English’ as subject."

Referring to the Supreme Court order in Kaloji’s case, the bench took note of the fact that the Apex Court was considering the Regulation 4(2)(b) of the self-same regulations, more particularly ‘Biology’ as a compulsory subject, and while holding that the same has to be adhered to scrupulously, also emphasized the logic and the rationale behind the rule.

Holding that the appellant had the necessary qualifications to pursue the MBBS course, the bench noted,

"Thus, looking at regulation purposively, also, it is not by way of colonial hangover, English is insisted upon. Critics may say that the necessity of knowledge of Indian Languages, which is necessary for any person in Medical practice as she has to treat/advice patients in India, is absent in the regulations. However, the intent behind the rule is that as on date, the literature and lessons in the field are mostly in English and accordingly English is made essential so that the candidate who undergoes the course comes out as a competent professional. Thus, viewing purposively also, it can safely be said that the appellant had the requisite qualification to enter and undergo MBBS Degree."

"Thirdly, it may be seen that though originally, counter affidavit is filed that English should have been studied simultaneously as a co-terminus subject, subsequently, the Regulation is now been watered down considerably by the Public Notice dated 22.11.2023..." the bench further noted.

Medical Dialogues had earlier reported that through the notice dated 22.11.2023, NMC mentioned that candidates who have studied Physics, Chemistry, Biology/Biotechnology along with English even as additional subjects after passing Class 12th from duly recognized boards by the concerned Govt., shall be allowed to appear in the National Eligibility-cum-Entrance Test Undergraduate (NEET-UG) examination and they will also be eligible for grant of Eligibility Certificate.

"The present decision shall be applicable retrospectively also on candidates whose applications for grant of eligibility certificate have been rejected on the grounds contemplated in the present public notice. …" NMC had mentioned in the notice.

Referring to this, the bench observed, "Thus it can be seen that with the evolving multi-disciplinary trend, students are undergoing the Higher Secondary Course in various combinations. With courses like liberal arts, students are permitted to switch over to the subjects of their choices and interests. Similarly different curricula are now available in the context of globalisation of education. Accordingly Government of India has framed the New Education Policy, which has lead to dilution of what was contemplated as a straight jacket rule. Thus, when the rule itself now stands retrospectively amended to permit the study of any missing subject as additional subject, and the policy of the Government of India is to welcome the Overseas Citizens of India with these kind of professional qualification to its fold, then if the case of the appellant is considered in the light of these developments, the original impugned order cannot survive."

Granting relief to the petitioner, the bench noted,

"The appellant has undergone her education in competent and proper institutions. She has completed her MBBS Course by proper 10 +2 + 5 years. Like any other student, she is also entitled to lead a professional life and career and her case deserves consideration empathetically. To make her sit at home, inspite of her qualification would cause gravest prejudice to her. For all the above reasons, this Writ Appeal is bound to succeed."

With this opinion, the bench quashed the NMC order dated 14.06.2021 through which the petitioner's representation seeking an eligibility certificate was rejected. Further, the bench directed the NMC to issue an eligibility certificate to her and consequently declare the results of her screening examination and register her as a medical practitioner.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-hc-order-230164.pdf

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