NMC FMGL rules 2021: Ukraine MBBS student challenges 12-month same institute internship norm, MP HC seeks Centre's response
Jabalpur: The Madhya Pradesh High Court has sought the Union Government's stand on a plea filed by a student pursuing undergraduate medical education in Ukraine, against the 12-month internship norm at the same foreign medical institute.
Filing the plea, the student challenged the National Medical Commission's (NMC) Foreign Medical Graduate Licentiate (FMGL) Regulations 2021, especially the rule that required the MBBS students abroad to complete their 12-month internship at the same parent institute.
The student argued that it became impossible to fulfil this requirement due to the Russia-Ukraine war. He submitted that he is now unable to return to his university in Ukraine to complete the mandatory internship and obtain the necessary certificates.
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According to a Live Law report, the Division Bench of the High Court comprising Chief Justice Alpesh Yashwant Kogje and Justice Vivek Rushia granted time to the Central Government to file its reply and posted the matter for further hearing on October 29.
The petitioner before the High Court is a resident of Bhopal who appeared in NEET-2021 and secured admission to a UG medical course at Horbachevsky Ternopil National Medical University, Ternopil, Ukraine. He submitted that after receiving an invitation to study from the Ministry of Education and Science of Ukraine on June 14, 2021, he subsequently obtained a visa to travel to Ukraine.
After depositing US$1,900 as fees on November 3, 2021, the petitioner arrived in Ukraine on November 7, 2021. Consequently, his classes commenced on December 10, 2021. According to the plea, he subsequently returned from Ukraine along with other students when the Russo-Ukrainian War broke out. Since then, he has been pursuing his MBBS course online from Bhopal.
Meanwhile, Regulation 5(1)(b) of the FMGL 2021 Regulations, which came into effect on November 18, 2021, states that the 2021 Regulations would not apply to candidates who were pursuing their studies abroad before these regulations were enacted. Regulation 5(2) states that such candidates would be covered by the old Regulations.
It was argued by the petitioner that since he had deposited his fees on November 3 itself and reached Ukraine on November 7, 2021, he should be considered as a student studying in the foreign institute before the cut-off date of November 18.
He submitted that when he sought a response in this regard from NMC by filing an RTI query on March 2, 2023, he was informed that the 2021 rules would apply to him as his classes commenced from December 10, 2021.
Apart from this, the petitioner also specifically challenged the additional conditions prescribed under the 2021 Rules for granting permanent registration to the FMGs.
Medical Dialogues had earlier reported that on 18.03.2026, the Undergraduate Medical Education Board (UGMEB) of NMC mentioned that FMGs who had to attend online classes during their MBBS course abroad due to the COVID-19 pandemic or war would not be required to undergo additional clerkship in India if they have already completed the required compensation through physical classes at their parent foreign medical institution. However, such candidates must produce a valid compensatory certificate issued by their foreign medical institute, confirming that the online portion of their course has been duly covered through physical training, additional classes, or extended course duration. Once verified, these FMGs will be considered eligible for registration in India.
