NEET PG 2025: MP High Court Permits Nine Foreign Medical Graduates To Fill Online Form Pending Decision On Increased Internship Period

While hearing pleas by graduates who completed MBBS from foreign universities against an order increasing internship period from two to three years, the Madhya Pradesh High Court in an interim order directed the State Medical Council to permit nine petitioner foreign graduates to fill NEET PG Exam 2025 online form which closes on May 7. 

A division bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf observed:

“Learned Senior Counsel appearing for the National Medical Commission prays for time to take clarification as to the notice issued by the Haryana Medical Commission as also the other States which are allegedly following the two years internship policy for the Foreign Medical Graduate. He prays for time to file file reply. Keeping in view of the urgency in the matter, let the reply be filed within one week. Re-notify on 14.05.2025. In the meantime, respondent- M.P. Medical Council is directed to permit the students to fill up the online form. It is clarified that the filling up of the form shall be without prejudiced to the rights and contentions of the parties and no special equity shall flow in favour of the petitioners and shall be subject to further order.”

One of the plea's was filed by a medical student who finished MBBS from a Chinese University, challenging an order passed by the MP Medical Council increasing the period of Internship for MBBS students from two years to three years.

The plea states that the petitioner went to China to study MBBS from Nantong University China and during the fag-end of his course, Covid-19 pandemic struck and therefore, he was forced to come back to India. He completed the last year of his course through Online-mode and after passing the Foreign Medical Graduate (FMG) Examination, he was registered as Foreign Medical Graduate under the National Medical Commission and was attached with Atal Bihar Vajpayee, Government Medical College Vidisha where he was allowed to do internship on the basis of the provisional registration.

The plea submits that when the petitioner registered himself, he was informed on March 23, 2023 by MP Medical Council that his internship period will be for a period of two years. It states that keeping this mind, his internship was to get over in March 2025 and he was preparing for the PG medical exams on the assumption that he will be able to appear in NEET (PG) Examination, 2025 after completion of two years of internship as Foreign Medical Graduate students. However, in November, 2024 the petitioner was informed that now the internship is for three years. The court was also hearing another plea moved by eight other medical students seeking similar reliefs. 

The petitioners also alleged that despite the Supreme Court's directive to provide the interns with a stipend, no stipend was paid to them.

In its order dated April 1, the Court in one of the plea's had issued notice to the State Government and had kept it on May 1 along with the other similar matter. 

During the hearing on May 1, the Court orally asked the counsel for the petitioner to tell the senior counsel for NMC to seek instructions and apprise the Court in the next hearing.

During the hearing on May 2, the Senior counsel for the petitioners submitted that the last date for filling up the examination forms for NEET PG Examination is May 7 for the exam which is scheduled to be held towards end of June and July.

The counsel referring to the circular issued by the National Medical Commission with regard to clerkship and internship programme to be undertaken by the medical students, submitted that the circular has been incorrectly applied to the petitioners and the other students who had taken the course from China as the circular is applicable only to Ukraine and later clarified to apply to Philippines and has no application to China.

During the hearing, the senior counsel appearing for the National Medical Council orally submitted, “I sought instructions, My Lord. They will be government by the circular as they have completed their course last year online. It is an admitted position that they have done the final year online. So they have to do two years of clinical clerkship and one year of compulsory rotative internship.”

At this stage, the counsel for petitioner submitted, “As far as this is concerned, it is for 2023 and this is for Ukraine. Because as far as Ukraine was concerned, the scenario was absolutely difference because of the war whereas in China, the scenario was different. But we were of the 2022 batch. In fact, the latest one is this document which I have uploaded where the National Medical Commission (NMC) has again taken a U-turn. It says that as a regulatory authority, National Medical Commission issues required regulations. However, issues relating to internship as well as stipend of Foreign Medical Graduate students are responsibility of the concerned State medical policy. Means internship, they are leaving it to the State. And there are so many states, including Delhi which says 2 years as far as FMG is concerned and for Indian students, it is one year. And even Ukraine students only 2 years of internship.”

Thereafter, the Court asked whether the 54 months of course was completed. The counsel referred to a no-objection certificate submitted by him which stated, “This No-objection letter is being issued to the subject after successful completion of five years of studying in the field of MBBS.”

“This means they have completed each and every class. There is no dispute to that.”, the Counsel said.

The Counsel then referred to letters issued by NMC which stated that the internship duration would be 24 months. “These students…as far as theory of promissory estoppel and theory of legitimate expectation, they were made to believe by these letters in writing…now suddenly the impugned order has been passed. Looking at the shortage of time…because the examination is in the month of June 2025. If they are allowed to fill the form, then in the opening week, the matter can be decided whether we deserve to sit in the exam or not. We will not claim equity. But atleast let them fill the examination form because the window will be closing on 7^th midnight. Uttar Pradesh, Delhi, Rajasthan, Haryana, they have given for two years' internship.”

Thereafter, the counsel relied on notice issued by Haryana Medical Commission which referred to a clarification issued by the National Medical Commission clarifying that the public notice is applicable only to Ukraine and Philippines. He further submitted that other States are also following the Haryana Medical Commission and restricting the internship to only two years.

Thus, the Court orally asked the NMC to file a reply within 2-3 days. “In the meantime, they are only asking for permission to fill up the form. Let them fill up the form. Forms will be subject to further order.”, the Court said.

The matter is listed for further hearing on May 14.

Case Title: DR. SAURABH RAGHUVANSHI AND OTHERS AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS 

Writ Petition No.547/2025 Along with Writ Petition No. 9545 Of 2025  

Counsel for the Petitioner: Senior Advocate Aditya Sanghi

Counsel for State: Advocate Darshan Soni