Kerala HC Tells Authorities To Process Registration Of Foreign Medical Graduates Who Took Compensatory Classes, Says Clerkship Can't Be Imposed

The Kerala High Court recently directed the Kerala State Medical Councils and the Director of Medical Education to process the registration applications of certain foreign medical graduates (FMGs) to join CMRI internship without mandating them to undergo compulsory 2 year "Clinical Clerkship Program".

The petitioners were medical graduates who had joined the courses during 2017-18 period. They completed their course in China and passed the Foreign Medical Graduate Examination. Since they had to attend online classes during Covid-19 pandemic, they had gone back to their institutes and attended compensatory physical classes as mandated by the National Medical Commission (NMC).

Thereafter, they submitted applications before the Kerala State Medical Councils (Respondent 2)  and Director of Medical Education (Respondent 3) but they denied registration by mandating a compulsory "Clinical Clerkship Program" in lieu of online classes. Aggrieved, the petitioners had approached the High Court.

Noting that there is no mandate as per the NMC FAQ, public notice or the FMGI Regulations of 2021on students who obtained course completion certificate before 30.06.2022 to undergo clinical clerkship, Justice N. Nagaresh observed:

"If they have completed the compensatory classes, then the 2nd respondent cannot take a stand that the petitioners have to undergo a two year Clinical Clerkship. Going by the statement made by the 1st respondent- NMC, the petitioners are entitled to exemption from two year internship and they need to complete only one year CRMI since they have adequately compensated for the online classes by subsequently attending in an offline mode. The 2nd respondent in such circumstances will not be justified in imposing a two year Clinical Clerkship upon the petitioners even though the State Medical Councils are competent to assess the eligibility of the petitioners independently."

The High Court declared that “Clinical Clerkship” is not required for the petitioner foreign medical graduates as they have compensated their online classes with physical classes in their parent institutions.

"Respondents 2 and 3 are directed to process the registration application of the petitioners and pass appropriate orders / take appropriate decision within a period of six weeks," the court directed. 

Thus, it disposed of the plea.

Case No: WPC No. 42885/2024

Case Title: Daleel Ahmmed and Ors. v. National Medical Commission

Citation: 2025 LiveLaw (Ker) 463

Counsel for the petitioners: Shinto Mathew Abraham, Santhosh Mathew (Sr.), Arun Thomas, Veena Raveendran, Karthika Maria, Anil Sebastian Pulickel, Mathew Nevin Thomas, Leah Rachel Ninan, Karthik Rajagopal, Joe S. Adhikaram, Kurian Antony Mathew, Manasa Benny George, Aparnna S., Arun Joseph Mathre, Noel Ninan Nian, Adeen Nazar

Counsel for the respondents: K.S Prenjith Kumar, Vivek Menon, Rajeev Jyothish George

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