The important decision on the requirement to get an eligibility certificate before being admitted to a foreign medical institution in order to sit for the Foreign Medical Graduate Examination (FMGE) was made by the Delhi High Court. Judge C. Hari Shankar’s bench highlighted that, as stipulated in Section 13(4B) of the Indian Medical Council Act, 1956 and Regulation 4(2) of the Screening Test Regulations, acquiring this certificate is a requirement prior to enrolling in an international medical program.
The petitioner, who earned her MD in the Philippines, filed a lawsuit against the National Medical Commission (NMC) when the NMC denied her request for an eligibility certificate. In violation of NMC rules, the petitioner enrolled in the Davao Medical School Foundation Inc. (DMSFI) before completing her education. She need this qualification in order to practice medicine in India, where she had to pass the FMGE.The key to comprehending the ruling is the court’s interpretation of Indian Medical Council Act, 1956, Section 13(4B). According to the provision, obtaining an eligibility certificate is a prerequisite for enrolling in an undergraduate medical program overseas. By ensuring that students wishing to continue medical education outside of India adhere to the requirements imposed by Indian regulatory bodies, this provision seeks to preserve the caliber and legitimacy of medical degrees.
Judge Shankar took note of the petitioner’s challenging circumstances. She had finished her schooling and earned an MD in the Philippines, but when she returned to India, she was informed that it was too late to receive the qualifying certificate. He acknowledged the petitioner’s request for an eligibility certificate on the grounds that the NMC was making an effort to solve her circumstances. He discovered that it was in violation of both Regulation 4(2) of the Screening Test Regulations and Section 13(4B) of the IMC Act, which expressly require getting the certificate prior to admission.To support its decision, the court also cited a number of laws and judicial rulings. No one may take the FMGE without first acquiring an eligibility certificate from the Medical Council of India (MCI) prior to admission to a foreign medical institution, as stated expressly in Regulation 4(2) of the Screening Test Regulations. The standards of medical education are protected by this rule, which guarantees that students who seek medical education overseas have been screened and approved by Indian regulatory agencies.
The court referenced the historic ruling in the Indian Doctors from Russia Welfare Association case (2002 SC) in addition to the particular legislation. The difficulties faced by students who had graduated from medical schools in the former USSR were discussed in this Supreme Court case. Subsequently, the court directed the Indian government to formulate a policy for the acknowledgement of those qualifications, stressing the necessity of obtaining an eligibility certificate beforehand for international admission.
The court also cited several cases that supported the need to get an eligibility certificate before to enrolling in a foreign medical course, such as Rohinish Pathak vs. Medical Council of India and Anr. (2019) and Ishan Kaul & Ors. vs. Medical Council of India & Anr. (2009 DHC). The aforementioned instances have reaffirmed the fundamental requirement that the eligibility certificate be obtained in order to take the FMGE and subsequently register as a physician in India.
The verdict of Justice Shankar emphasized how crucial it is to follow legal criteria and guidelines. Section 13(4B) and the Screening Test Regulations clearly state that the petitioner cannot receive an eligibility certificate after completing her MD from a foreign institution. This would be against the regulations. The court emphasized that pursuing this line of action would jeopardize the legal structure put in place to uphold India’s standards for medical practice and education.
The human factor and the difficulties faced by students who, like the petitioner, end up in a sticky situation with the law after finishing their studies overseas were recognized by the court. To address such scenarios, it was suggested that the executive branch might think about adopting revisions to the Screening Test Regulations or revising the IMC Act. If all other conditions are met, students who have already earned a primary medical qualification (PMQ) from overseas may be eligible to receive an eligibility certificate as a result of these revisions.
The court’s recognition of the changing nature of medical education and the requirement that regulatory frameworks change in response is reflected in this proposal. It also emphasizes the need for a well-rounded strategy that both addresses the justifiable worries of students who choose to pursue their studies overseas and preserves the integrity of medical degrees.The court’s decision is an important reminder for prospective international medical students who intend to study overseas. It emphasizes how important it is to have the necessary permissions and certifications before starting their educational path. By taking a proactive stance, regulatory criteria are not only met, but future legal and professional issues are also avoided.
The ruling in this case by the Delhi High Court confirms that obtaining an eligibility certificate is a prerequisite for enrolling in a foreign medical institution. The decision highlights how crucial it is to follow legal mandates and guidelines in order to preserve India’s standards for medical practice and education. Notwithstanding the difficulties that students encounter, the court emphasized the necessity of strong and flexible regulatory frameworks. A forward-thinking strategy to strike a balance between maintaining regulatory integrity and the changing nature of medical education is reflected in the recommendation to study legislative modifications.
SOURCE:
MEDICAL DIALOGUES