Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Sharooq Mohammed S/o A. Shanavas – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. foreign medical graduates must pass fmge for registration. (Para 1 , 2) |
| 2. petitioners argue against the imposition of internship fees. (Para 3 , 4 , 6 , 7 , 8 , 9) |
| 3. court observes that nmc prohibits internship fees for fmgs. (Para 5 , 10 , 11 , 12) |
| 4. nmc regulates medical education and internship policies. (Para 13 , 14 , 16 , 18 , 19) |
| 5. state's authority to levy fees is limited by nmc regulations. (Para 21 , 22 , 24 , 27 , 29) |
| 6. levying internship fees from fmgs is illegal and ultravires. (Para 30 , 32 , 34) |
| 7. writ petitions disposed, go dated 03.04.2025 set aside. (Para 35) |
JUDGMENT :
N. NAGARESH, J.
1. The petitioners in all these writ petitions are Indian students who pursued their Medical Degrees outside India. Indian citizens and Overseas Citizens of India who have obtained their primary medical qualifications from institutions outside India are required to pass the Foreign Medical Graduate Examination (FMGE) in order to get registration under the National Medical Commission (NMC) or any State Medical Council. They are required to obtain provisional registration under the State Medical Councils in order to apply for Compulsory Rotating Medical Internship (CRM
The court established that the National Medical Commission has exclusive authority over internship regulations, prohibiting any fee imposition by the State, thus ensuring equitable treatment for fore....
The main legal point established in the judgment is the applicability of NMC (CRMI) Regulations of 2021 on Foreign Medical Graduates, emphasizing the requirement for completing internship in approved....
Provision only deals with power of the "NMC" qua 50% of seats in Private Medical Institutions; but the "OM" in question proffers twenty five directives to be adopted and followed by the competent Aut....
Educational institutions must comply with regulatory obligations to pay stipends to interns, with the court emphasizing adherence to regulations despite operational constraints.
The court upheld the two-year internship requirement for foreign medical graduates, emphasizing the necessity of adequate practical training due to pandemic-related disruptions.
The eligibility of Foreign Medical Graduates for one-year internships can be determined by verifying their compensatory studies conducted offline, as specified by National Medical Commission guidelin....
Point of law: The right to establish an educational institution can be regulated; but such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere ....
The court ruled that the Fee Committee lacks authority to collect fees for a Corpus Fund without legislative backing, affirming that all prescribed tuition fees must be paid by students.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
