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2025 DIGILAW 2458 (KER)

Nabina Nazeeer v. State Of Kerala

2025-09-15

N.NAGARESH

body2025
JUDGMENT : N.NAGARESH, J. The petitioners are Foreign Medical Graduates, who completed their medical education at Bukovinian State Medical University, Ukraine during 2016- 2020. The petitioners passed National Medical Commission screening test. 2. The 1 st petitioner completed one year Compulsory Rotational Medical Internship (CRMI) and petitioners 2 to 24 are undergoing their internships. Due to Covid-19 pandemic and the Ukraine War, the National Medical Commission required the Foreign Medical Graduates, who attended online classes, to complete a two year CRMI. The National Medical Commission later reduced the internship period to one year for those students who have sufficiently compensated classes in physical onsite in lieu of the online classes and subsequently passed examination equivalent to MBBS in India. 3. The petitioners state that they attended physical classes throughout their course and did not face significant academic challenges due to the Covid-19 pandemic or the Ukraine War. The petitioners completed theoretical and practical training through offline mode. 4. The petitioners state that other batchmates of the petitioners had already completed their internship. However, when the petitioners approached the 3 rd respondent-Kerala State Medical Council, the 3 rd respondent did not respond positively. The petitioners therefore seek to direct the 3 rd respondent to reduce the duration of CRMI for the petitioners to one year. 5. The 3 rd respondent resisted the writ petition. The 3 rd respondent stated that during the course period of the petitioners (2016-2022), their physical classes were interrupted due to Covid-19 pandemic and Ukraine War. After passing the Foreign Medical Graduates Examination, the petitioners applied for provisional registration with the Council. The 2 nd respondent-National Medical Commission issued Annexure-R3(a) notice insisting for two years internship for Foreign Medical Graduates, who had to undergo online classes during their course study due to Covid-19/Ukraine War. 6. During the course period of the petitioners, physical mode of classes were interrupted. Therefore, they are bound to undergo two year CRMI. The 3 rd respondent- Council therefore issued certificates of provisional registration to petitioners 1 to 19 prescribing two year internship as per Annexure-R3(b). 7. The 3 rd respondent further stated that petitioners 20 to 27 were initially granted one year clinical clerkship. After completing the clerkship, they will be issued with provisional registration for doing one year CRMI. Petitioners 21, 22 and 24 completed their one year clinical clerkship and were given provisional registration for one year CRMI. 8. 7. The 3 rd respondent further stated that petitioners 20 to 27 were initially granted one year clinical clerkship. After completing the clerkship, they will be issued with provisional registration for doing one year CRMI. Petitioners 21, 22 and 24 completed their one year clinical clerkship and were given provisional registration for one year CRMI. 8. The National Medical Commission, considering the representations made by certain Foreign Medical Graduates that they had undergone physical onsite classes in lieu of online classes, initially permitted them to produce letters/certificates from the educational institutions to the effect that they have undergone physical onsite classes. Later, the 2 nd respondent found that such certificates are issued by Medical Universities abroad indiscriminately and such certificates did not reflect the true facts. 9. The National Medical Commission therefore issued Annexure-R3(d) public notice directing that certificate regarding the compensation/supplementation of online theory subjects/classes with offline practical and clinical training shall not be accepted. The National Medical Commission made it clear that Foreign Medical Graduates, who have attended their classes online for any duration, are required to qualify the FMG Examination and subsequently undergo CRMI for a period of two/three years. The petitioners are therefore bound to complete two year CRMI. 10. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1, 4 and 5 and the respective learned Standing Counsel appearing for respondents 2, 3 and 6. 11. Ordinarily, the period of Compulsory Rotational Medical Internship prescribed to medical graduates is one year. During Covid-19 period and due to Ukraine War, the National Medical Commission required Foreign Medical Graduates, who attended online classes, to complete a two year CRMI as per Circular dated 28.07.2022 as the students had missed offline classes. 12. Later, the National Medical Commission as per Ext.P1 notice reduced the internship duration to one year for those students who have sufficiently compensated classes in physical onsite in lieu of the online classes and subsequently passed examination equivalent to MBBS in India. The petitioners contend that they are entitled to the benefit of Ext.P1 public notice dated 19.06.2024 and their CRMI should be limited to one year. 13. The 2 nd respondent later found that certificates are being issued by Medical Universities abroad indiscriminately which did not reflect the correct factual situation. The petitioners contend that they are entitled to the benefit of Ext.P1 public notice dated 19.06.2024 and their CRMI should be limited to one year. 13. The 2 nd respondent later found that certificates are being issued by Medical Universities abroad indiscriminately which did not reflect the correct factual situation. The 2 nd respondent hence issued Annexure-R3(d) public notice dated 07.06.2024 directing that certificates regarding the compensation/supplementation of online theory subjects/classes with offline, practical and clinical training shall not be accepted. The 2 nd respondent further directed that FMGs, who have attended their classes online for any duration during their classes, are required to qualify the FMG Examination and subsequently undergo CRMI for a period of two/three years as mentioned in Circular dated 09.05.2023 and as per public notices uploaded on 07.22.2023. 14. It is based on the subsequent Circulars issued by the 2 nd respondent-NMC that the 3 rd respondent has made it mandatory to insist for two years CRMI to FMGs, who had secured medical degrees from foreign countries which were affected by Covid-19 pandemic and Russia- Ukraine War. It is not in dispute that the petitioners had their course period when Covid-19 pandemic and Russia-Ukraine war occurred. The petitioners had admittedly undergone online classes during their course period. In view of the specific stand taken by the NMC to the effect that the FMGs, who have attended their classes online for any duration, are required to qualify the FMG Examination and undergo CRMI for two/three years, the 3 rd respondent is justified in insisting for CRMI of a longer duration. The said decision has been taken on the basis of larger public interest. The 3 rd respondent has only followed the directions of the NMC. 15. It is further to be noted that the certificate of provisional registration issued by the 3 rd respondent specifically stated that the certificate is issued for completing two year internship and that the certificate is valid for two years from the date of registration. The petitioners have accepted said certificate of provisional registration. The petitioners are now trying to circumvent the conditions in the certificate. In view of the decision taken by the NMC and the 3 rd respondent, the petitioners who have undergone online classes during the course period are bound to complete CRMI of longer duration. The petitioners have accepted said certificate of provisional registration. The petitioners are now trying to circumvent the conditions in the certificate. In view of the decision taken by the NMC and the 3 rd respondent, the petitioners who have undergone online classes during the course period are bound to complete CRMI of longer duration. In the facts of the case, I do not find any merit in the writ petition. The writ petition is hence dismissed.