The Madhya Pradesh High Court has recently addressed a significant concern affecting foreign medical graduates (FMGs) who pursued their MBBS degrees abroad, particularly in China, during the COVID-19 pandemic. These students have challenged the Madhya Pradesh Medical Council's decision to retrospectively extend their mandatory internship period from two to three years.
Background of the Case
The petitioners, after successfully clearing the National Eligibility cum Entrance Test (NEET-UG) and obtaining the necessary eligibility certificates, enrolled in MBBS programs in China. However, the onset of the COVID-19 pandemic in 2020 forced them to return to India before completing their courses. Consequently, they finished their MBBS degrees through online classes. Recognizing the challenges posed by the lack of hands-on clinical experience, the authorities mandated a two-year internship for these FMGs, in contrast to the standard one-year internship required for graduates from Indian medical institutions.
The Contested Extension
On March 23, 2023, upon registering with the state medical council, the petitioners were officially informed that their internship would span two years. Relying on this communication, they planned their academic and professional futures accordingly. However, on November 4, 2024, they received a notification stating that their internship duration had been extended to three years. This extension was applied retrospectively to students who completed their courses from China during or after the COVID-19 pandemic.
Legal Arguments Presented
The petitioners argue that the retrospective extension violates the principles of promissory estoppel and legitimate expectation. They contend that they had structured their plans based on the initial two-year internship directive. Many had already commenced preparations for the Pre-PG examination scheduled for June 2025, an endeavor that typically requires at least a year of dedicated study. The sudden extension disrupts these preparations and delays their professional progression.
Court's Response
A division bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla took cognizance of the petitioners' grievances. The court issued notices to the state government and the Madhya Pradesh Medical Council, directing them to respond to the allegations. The order stated: "Heard on the question of admission. Issue notice to the respondents on payment of process fee by Registered AD mode within three working days. Notices be made returnable within three weeks. In addition, petitioners are permitted to serve the respondents Hamdast, for which requisites be filed by 21st January. Office is directed to take necessary steps in this regard. The petitioners are also directed to file the acknowledgment of receipt of notice along with an affidavit in support of service of Hamdast Notice."
Implications of the Decision
The court's decision to entertain the petition underscores the judiciary's recognition of the potential hardships imposed by retrospective policy changes. The outcome of this case could set a precedent for how similar cases are handled in the future, especially concerning policy alterations that affect students' careers and lives.
Broader Context
This case is part of a larger national discourse on the challenges faced by FMGs during the pandemic. The sudden shift to online learning deprived many of essential clinical exposure, leading to extended internships upon their return to India. While these measures aim to ensure that FMGs acquire the necessary practical skills, the retrospective application of such extensions raises concerns about fairness and the psychological and financial burdens on the students.
Conclusion
The Madhya Pradesh High Court's intervention provides a glimmer of hope for the affected FMGs. As the case progresses, it will be crucial to balance the need for adequate clinical training with the legitimate expectations and rights of the students. The final judgment will have significant implications not only for the petitioners but also for the broader community of FMGs navigating the complexities of medical accreditation in India post-pandemic.
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