The Supreme Court has requested a response from the Central government and the National Medical Commission (NMC) regarding a petition filed by 70 medical graduates educated in China, who are challenging a circular mandating a retrospective two-year internship [Gurmukh Singh and others vs National Medical Commission and others]. Justices BR Gavai and Vikram Nath have given notice in the case. Additionally, the Supreme Court is currently handling a group of petitions filed by Indian medical students studying in Ukraine, China, Philippines, and other countries, seeking permission to continue their education in India.
On November 29th, the Court separated the petitions of the medical graduates based in China from the others, as these students had to turn to online education due to the COVID-19 pandemic, rather than a war-like situation like in Ukraine. The current petition, filed through attorney Gopal Singh, expresses dissatisfaction with a public notice issued on July 28, 2022, which states that foreign medical graduates who graduated on or before June 30th of that year must complete a two-year Compulsory Rotating Medical Internship (CRMI) to compensate for any incomplete clinical training abroad.
The petitioners argue that even though they completed their MBBS education in China in 2020, the CRMI rule is now being applied to them retrospectively, resulting in various State Medical Councils revoking certificates necessary for their medical practice. They claim that the NMC’s actions are in violation of principles of equity and fair play as well as the doctrine of legitimate expectations and that the notice is being applied retrospectively, despite reading prospectively.
“Fundamental rights of the petitioners under Article 14, 19 and 21 are being violated due to the manifestly arbitrary actions of the respondents as additional practical obligations are being imposed on a retrospective basis … [the notice] directly disentitles qualified doctors from joining the mainstream and indirectly creates a sub-optimal situation vis-à-vis the already strained national medical infrastructure”, the petition said.
The petition further argues that the petitioners are not in the same position as other foreign medical graduates seeking exceptions due to universities closing in 2020-2021, but rather on a “vastly superior pedestal”. It was also stated that the petitioners have completed the majority of their course in person and even registered as practitioners during the COVID-19 pandemic. The present petition states that the petitioners have completed the majority of their course in-person and have only received a minimal amount of online training due to COVID-19 disruptions.
