FMG Denied to Appear in Screening Test for being Underage During MBBS Admission Abroad: Madras HC Grants Relief, Issues Directions to NMC
Madras High Court
Chennai: Granting relief to a Foreign Medical Graduate (FMG), who was denied to appear in the mandatory screening test for being underage at the time of MBBS admission abroad, the Madurai Bench of the Madras High Court recently directed the National Medical Commission (NMC) to allow the medico for appearing in the screening test.
Last year, Apex Medical Commission rejected his request to appear in the screening test. Following this, the student approached the Madras High Court seeking relief and filed a Public Interest Litigation (PIL) in this regard.
The concerned student joined the MBBS course in Ukraine on October 18, 2017. Back then, he was 11 days away from turning 18.
As per the existing rules, it is mandatory for the FMGs to clear the screening test i.e. the Foreign Medical Graduates Examination (FMGE) and undergo the compulsory internship in India. Only after fulfilling these requirements, the doctors become eligible to register and practice in India.
Therefore, after completing his medical education, the petitioner doctor applied to appear in the screening test conducted by NMC. However, the Commission rejected his request in October 2023 because he had not attained the minimum age of 18 when he joined the course, reports The New Indian Express
While considering the plea by the student, the Madras HC bench comprising Justice GR Swaminathan cited a ruling of a Division Bench of the Rajasthan High Court and observed that the refusal of an eligibility certificate for a medical course, because the candidate was not 18 years old, may not be justified.
"This case is different as Manikandan has completed his medical course. He is not seeking admission now, but wants to write the screening test," observed the Court.
At this outset, the counsel for NMC pointed out that Manikandan had joined the overseas college without clearing the National Eligibility-cum-Entrance Test (NEET). However, the HC bench noted that the requirement of qualifying NEET for admission to medical colleges abroad became mandatory only from the 2019-2020 academic year.
The Court observed that if the concerned student had studied in India, he would have had to clear the NEET exam and would have met the age criteria.
The HC bench noted,
"But during the relevant time, he was not required to write NEET. He has completed his six-year course, and if he is denied relief at this point, it will ruin him."
With this observation, the HC bench directed the NMC Secretary to issue the eligibility certificate, and hall ticket, and allow the petitioner student to participate in the screening test.
