[Heavy editing required - long headline] The candidate has not even made an application for medical admission.”- Madras High Court imposes cost on ‘aspirant’ for challenging foreign medical graduate rules

A Madras High Court bench consisting of Chief Justice Munishwarnath Bhandari and Justice Bharatha Chakarvarthy on Thursday imposed cost of Rs.25,000 while dismissing a writ petition filed by a foreign medical ‘aspirant’ challenging certain rules of Foreign Medical Graduate Licentiate Regulations, 2021 (FMGL Regulations) and National Medical Commission (Compulsory Rotating Medical Internship) Regulations.

The petitioner contended that he intends to pursue medical course in a medical college at Mauritius and after completion of the medical course, he wants to practice medicine in India. He contended that FMGL Regulations and the CRMI Regulations are affecting his right to practice in the medical field and, therefore, are liable to be struck down, as they are violative of Articles 14, 19(1)(g) and 21 of the Constitution of India in India.

The petitioner challenged FMGL Regulations pertaining to minimum duration of the medical degree and requirement of 12 months internship in the institution of study among others.  The counsel for the petitioner contended that the FMGL Regulations are violative of the constitutional provisions, as even a candidate who has taken a medical course of the required duration and has completed the internship is still required to undergo supervised internship in India for a minimum term of twelve months. The counsel further contended that there is no purpose to require the candidate to undergo the internship twice.

The court on hearing the counsel noted that these regulations were brought in to maintain the minimum standard in the medical field. The court further noted “these regulations cannot be interfered only for the reason that petitioner intend to take admission in foreign medical college having shorter duration of course.”

The court further noted that “The petitioner is yet to get admission in the medical course at Mauritius. Rather, there is nothing to show that he has made application to foreign medical institution for admission. He has yet chosen to challenge regulations, It seems that the petitioner is espousing the cause of medical college at Mauritius.”

The court further observed that “The petitioner has not yet submitted application for admission. However, based on assumption of his admission, a challenge is made to the provisions. It is otherwise stated that the petitioner appeared in NEET and remain at a very low merit position, thus, could not get admission in any of the medical college in India.”

The court while dismissing the petition imposed a cost of Rs.25,000/- within 15 days and directed the registry to place the matter before the court if the cost is not paid.

 

Case title: Aravinth R.A Vs The Secretary to the Government of India, Ministry of Health and Family Welfare