Institute of Legal and Management Studies

The Supreme Court recently issued notice on a plea challenging the requirement of compulsory additional internship of 1 or 2 years for foreign medical graduates affected by the Covid-19 pandemic and/or the Russia-Ukraine war.

A bench of Justice BR Gavai (now CJI) and Justice AG Masih passed the order.

Briefly put, the petition is filed by 'Association of Doctors And Medical Students' (ADAMS), a registered association of foreign medical graduates (FMGs). It seeks quashing of public notices issued by the National Medical Commission, whereby extended period of internship (in India) has been mandated for FMGs who suffered a break in offline classes abroad due to Covid-19 pandemic and/or Russia-Ukraine war, but completed their course through online classes supplemented with offline practical and clinical training.

The petitioners are FMGs who joined medical courses abroad, after clearing National Eligibility-cum-Entrance Test (NEET) in India, in the year 2016 and 2017. Under normal circumstances, their courses would have got completed by 2022 and 2023. However, due to the Covid-19 pandemic and/or Russia-Ukraine war, their education was interrupted. As on date, they are ineligible to get registration with the National/State Medical Commission (and to start medical practice) for want of 1 or 2 years of additional internship prescribed under the impugned notices/circulars.

Notably, under the existing rules, in order to practice medicine in India, FMGs are required to clear a screening test. Only if internship was not part of the medical course pursued abroad, they must undergo 1 year additional internship. However, the impugned public notices/circulars mandate that FMGs who returned to India due to the pandemic/war during their last year and completed their course through online mode shall undergo 2 years of internship in India. It further requires that FMGs who returned during their penultimate year shall undergo 3 years of internship to become eligible to practice medicine in India.

In this backdrop, the petitioners aver, "by virtue of the impugned circulars/notices all the FMGs who had returned to India owing to pandemic or war and completed their course through online mode has to undergo additional one/two years of internship in India irrespective of the number of hours/days of practical classes they have missed from their parent institution. There are number of FMGs who have missed only small number of practical hours or days of clinical training as they had to return to India due to pandemic or war. Respondent NMC is not justified in compelling such FMGs to undergo full year of additional compulsory internship..."

They contend that insistence on 1 full year of additional internship for compensating certain number of missed practical hours or clinical training is unreasonable and unjustifiable. Besides, it is highlighted, a fee of upto Rs.5000/- can be charged by medical colleges in India from FMGs who choose to pursue the additional 1 or 2 years of internship.

"either the respondent should accept the certificate of completion of practical training issued from their parent institution or these FMGs should be permitted to complete their missed practical hours in Indian medical colleges", the plea states.

On the aspect of fee chargeable by medical colleges, it adds,

"These FMGs have already incurred huge financial expenses for completing their course in foreign countries...Most of them have availed educational loan and are still struggling to repay the same...compelling these students to incur further expenditure of Rs.5,000/- per month for one year of clinical clerkship in order to compensate small number of lost practical classes would cause severe injustice to them."

Pointing out that many petitioning FMGs availed loans for their studies and have not been able to start repaying the same due to their inability to enter the medical profession as a result of the impugned notices/circulars, the plea also highlights the mounting financial burden and mental trauma of the petitioners.

Among other things, a direction is sought to the respondents to lay down justifiable and clarified scheme/guidelines for compensatory internship or practical training for FMGs whose education suffered due to the pandemic or the war.

Appearance: Senior Advocate PV Dinesh, AoR Zulfikar Ali PS (for petitioner)

Case Title: ASSOCIATION OF DOCTORS AND MEDICAL STUDENTS (ADAMS) Versus UNION OF INDIA AND ORS., W.P.(C) No. 473/2025

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