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The Supreme Court bench of Justice B.R. Gavai (Presently Chief Justice of India) and Justice A.G. Masih has taken cognizance of a significant concern raised by a group of Foreign Medical Graduates (FMGs) whose studies were disrupted by the COVID-19 pandemic and the ongoing war in Ukraine. The bench has sought a formal response from the Union Government and the National Medical Commission (NMC) on the legality and fairness of mandating an additional year of internship for these graduates.
Context
In the aftermath of the pandemic and the Ukraine conflict, several FMGs were compelled to complete their medical education through online platforms, devoid of clinical exposure. In response, the NMC, by virtue of Public Notice introduced a rule requiring these graduates to undergo a two-year Compulsory Rotating Medical Internship (CRMI) in India, which is double the duration required of Indian-trained medical graduates. The rationale offered by the NMC was to compensate for the deficiency in practical training experienced by FMGs during their foreign medical education.
Core Issue
Significantly, as per the prevailing regulations, FMGs must pass a screening test to be eligible to practice medicine in India. An additional one-year internship is required only if the medical program completed abroad did not include a clinical internship. However, the present challenged public notices and circulars introduce a more stringent requirement. They mandate that FMGs who returned to India during their final year due to the COVID-19 pandemic or the Ukraine war and completed their studies online must now complete a two-year internship in India. Furthermore, those who returned during their second-last (penultimate) year are required to undergo a three-year internship to qualify for medical practice in the country.
Petitioner’s Plea
The petition primarily seeks the quashing of the circular issued on the grounds of legality and fairness of mandating an additional year of internship for these graduates, especially for those who have missed out on a few hours of practical training.
Further, it was pointed out that Indian medical colleges are permitted to charge up to ₹5,000 per month for the extended internship period. In this context, the hardships of these FMGs will significantly increase, as primarily they already have the financial burden of educational loans for abroad and now if they are mandated to pay fees for such an additional period, it would cause them financial distress.
Ultimately, the petition seeks a direction to the respondents to formulate a clear and reasonable scheme or set of guidelines for compensatory internship or practical training for FMGs whose medical education was disrupted due to the pandemic or the Ukraine conflict.
Case Title: Association Of Doctors And Medical Students (Adams) Versus Union Of India And Ors., W.P.(C) No. 473/2025
Advocate For Petitioner(s): Mr. P.V. Dinesh, Sr. Adv. Mr. Zulfiker Ali P. S, AOR Ms. Lakshmi Sree P., Adv. Ms. Anna Oommen, Adv. Mr. Augustine Peter, Adv.
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