HC Denies Relief to FMGs on permanent registration, rules clinical training cannot be substituted by online classes

Amaravati: Denying relief to a group of foreign medical graduates, who were denied permanent registration due to non-completion of 2 years of internship in India, the Andhra Pradesh High Court observed that the medical profession requires practical knowledge and clinical training, and it cannot be substituted by online classes.

"The medical profession is something which requires practical knowledge and clinical training, which cannot be substituted by onlines classes. The regular medical course requires clinical skills training, dissections in laboratories to understand the human anatomy patient interaction, team based learning such as case studies and problem solving exercises," observed the HC bench comprising Justice Kiranmayee Mandava.

These observations were made by the court while considering a plea that challenged the action by the Andhra Pradesh Medical council in not issuing the permanent registration certificate to the petitioners who had graduated in MBBS from foreign universities and were mandated to undergo a Compulsory Rotating Medical Internship (CRMI) for a period of two/three years (schedule of 12 months to be repeated).

The petitioners, who pursued their medical education abroad, argued that the eligibility to the foreign university was based on NEET qualification and after obtaining the study certificate from the respective foreign universities, they appeared and cleared the Foreign Medical Graduates Examination (FMGE), the screening test, conducted by the National Board of Examinations in Medical Sciences.

Also Read: Andhra FMGs Oppose 3-year Internship, Protest Demanding Permanent Registration

After obtaining the Screening Test Pass Certificate, the petitioners attended the internship, which, as per the NMC circular dated 09.05.2023 was for a maximum period of 2 years and a minimum period of 12 months. They were issued allotment orders allowing them to undergo a one-year internship programme (apprenticeship) at the college mentioned under the allotment order, which they duly completed.

However, the petitioners submitted that when they applied for the grant of a permanent registration certificate, the AP Medical Council refused to grant it on the pretext that certificates were under verification.

On the other hand, the authorities, including AP Medical Council argued that as per circulars issued by NMC dated 09.05.2023 and 07.06.2024, the medical graduates from abroad, who attended their classes online for any duration during their course were to undergo compulsory internship for two-three years and therefore, the petitioners were required to undergo 2 years of internship. Additionally, it was argued that AP Medical Council was bound by the instructions of the Government, and the said circulars were issued owing to students obtaining certificates from foreign universities fraudulently.

While considering the matter, the HC bench stressed that the medical profession requires practical training, which cannot be substituted by online classes. The Court further observed that owing to the fact that the certificates produced by the students, certifying that the students had undergone offline classes, were found to be not genuine, NMC had come out with the guidelines specifying that the FMGs should invariably undergo a 2 to 3-year compulsory internship.

The Court further noted that the circular dated 07.06.2024 provided that the FMGs who attended their classes online for any duration during their course completion were required to qualify for the FMG examination and subsequently undergo a Compulsory Rotating Medical Internship (CRMI) for a period of two/three years.

In this regard, the Court dismissed an argument by one of the petitioners, who argued that she had completed her course through offline and her stay in India was for a short duration, and therefore, she did not need to undergo two-years of compulsory internship may not merit consideration.

Accordingly, dismissing the plea, the HC bench observed,

"As noted from the proceedings of the 1st respondent, the students were instructed to continue their internship at their allotted medical college and Hospital until further orders of A.P.Medical Council...In the light of the circulars of the Government of India on the issue, the stages of medical education designed to impart required practical training cannot be overlooked. Therefore, I do not perceive any circumstances warranting interference in the matter."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/ap-hc-285859.pdf

Also Read: Permanent Registration Pending! Andhra FMGs Fear Missing NEET PG 2025