Was any relief extended to Ukraine-returned MBBS students before reaching their final year? SC seeks Centre's response
Supreme Court of India
New Delhi: Issuing notice to the Union Government, the Supreme Court has asked the Government to clarify whether Indian students who were pursuing medical education in Ukraine and had to return to the country before their final year due to the Russia-Ukraine conflict in 2022 had received any relief measures.
The top court bench comprising Justices Abhay Oka and Ujjal Bhuyan took note of the steps mentioned in the Union Government's compliance affidavit for medical students who returned to Ukraine and observed that the affidavit appeared to assist only final-year students.
At this outset, the Apex Court bench sought to know whether any measures had been extended to students who returned before reaching their final year of the MBBS course.
In the affidavit, it was mentioned that as a one-time extraordinary measure, the students who did not complete the degree were allowed to take part in the MBBS examination without being enrolled in any Indian Medical College, Live Law has reported.
Taking note of this, the top court bench observed,
"Our attention is invited to compliance affidavit filed by the Union of India in companion Writ Petition (Civil) No.607 of 2022 and in particular, what is set out in paragraph 5 thereof. It appears from paragraph 5 that Union of India have taken care of category of students who were pursuing medical education abroad in Ukraine and have returned to India in their penultimate year. Prima facie, it appears to us that the steps taken by Union of India as set out in paragraph 5 will assist only the final year students."
Asking the Centre to respond to the plea, the Court further noted, "We issue notice to the respondents for limited purposes to ascertain whether any relief was extended to those students who were forced to come back from Ukraine who had not reached the final year of the MBBS course."
Issuing a notice returnable on February 14, 2025, the top court bench ordered, "Notice is made returnable on 14th February, 2025. As Union of India is represented today, we direct the Union of India to file counter affidavit by 14th February, 2025."
What Happened to FMGs who Returned from Ukraine?
Medical Dialogues had earlier reported that back on December 09, 2022, the Supreme Court bench comprising Justices BR Gavai and Vikram Nath had asked the Union Ministry of Health, the Ministry of External Affairs, and the Ministry of Home to find a solution for the MBBS graduates from abroad who were unable to complete their clinical training due to COVID-19 or war-torn situation.
Back then, the top court bench had expressed sympathy with the students who could not complete their clinical training in the foreign countries such as China and Ukraine due to COVID and other unforeseen events.
Even though the National Medical Commission (NMC) had opposed providing any relief for such students, the Apex Court had urged the Union Government to consider the matter on humanitarian grounds while observing that the career of several students were at stake. The Court had asked the Union Government to constitute a committee of experts to find solutions for the students' situations.
The Apex Medical Commission on July 28, 2022, granted relief to the medical graduates who completed their MBBS course from a foreign medical institute without undergoing physical clinical training.
Under the scheme, Indian students in the last year of their MBBS course who left their institute abroad due to Covid or the Russia-Ukraine war and completed their studies and also got a certificate of completion of the course on a date to be notified by NMC will be permitted to appear in Foreign Medical Graduate Examination, FMGE.
However, after clearing the FMGE exam, such foreign medical graduates were required to undergo CRMI for two years. The doubling of the internship period was aimed at overcoming the deficit in the clinical and practical skills training.
Thereafter, on March 23, 2023, the Court recorded the Central Government's stand on the matter mentioning that as a one-time measure, the students who had not completed their medical degrees would be allowed to appear for the MBBS exam without being enrolled to any Indian Medical College.
However, modifying the Centre's suggestion of allowing them one attempt, the Court had allowed such students to clear their MBBS final exams in two attempts. With this, students who returned to India from foreign countries - Ukraine, China, the Philippines, and more, were allowed to clear the MBBS final exams -- both Part I and Part II exams (theory and practical). After clearing these exams, the Centre had specified that the students would have to complete two years of compulsory rotatory internship.
NMC Clarifications:
Even after the July 28, 2022 notice by NMC, several medical graduates from abroad were not sure about the rules applicable to them to get registered as a doctor in India. The Commission had later clarified that the NMC notice specifying 2-year internship was applicable only for the FMGs who were in the last year of their course.
On 22.11.2023, addressing several issues concerning the FMGs, NMC had mentioned that medical students abroad, who had a break in their Final year and who returned to India due to COVID pandemic or war and completed their course online such students "be allowed to continue to complete their two years before permanent registration given by the State Medical Council."
NMC also addressed the issues of FMGs who had a break in their Penultimate year of study and mentioned that "Existing FMGs, if any, already performing internship at present, may be allowed to continue with one year of internship. They may subsequently do one year clinical clerkship and one year internship. (Thus a total of three (3) years, before obtaining Permanent Registration from concerned SMC)."
Again on December 07, 2023, NMC released another Public Notice and addressed the issue of FMGs who had returned to India in their final or penultimate year.
NMC in the notice dated 07.12.2023 had dealt in detail regarding the issue of MBBS students who returned from Ukraine during the war.
Regarding the FMGs who had a break in their final year and returned to India (Owing to covid pandemic or war) and completed FMG course (including examination) through online mode, NMC mentioned that:
(1) They would have to undergo one (1) year clinical clerkship (CC) in India in lieu of deficiency in their training from their parent medical college.
(2) After successful completion of 1 year clerkship and supported by logbook followed by authentication from concerned college authority, they will be allowed to begin CRMI which may be done in medical college or any recognized institute.
"This relaxation is specifically for final year students who returned to India owing to covid pandemic or war," NMC had clarified in the notice.
Regarding the FMGs who had a break in Penultimate Year of Study (Owing to COVID pandemic or War) and Completed FMG course (including Exam) through online mode, NMC had mentioned that:
(1)They would have to undergo two (2) years of clinical clerkship (CC) supported by logbook, further authenticated by concerned college authority.
(2) After successful completion of 2 year clerkship and supported by logbook followed by authentication from concerned college authority, they will be allowed to begin CRMI which may be done in medical college or any recognized institute.
"Existing FMGs undergoing internship be allowed to continue to complete their three (3) years before permanent registration given by the State Medical Council," NMC had mentioned.
"This relaxation is specifically for penultimate and final year FMGs who returned to India owing to covid pandemic or war," it had further specified.
To view the Supreme Court order, click on the link below:
https://medicaldialogues.in/pdf_upload/sc-order-ukraine-268887.pdf
