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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Nabina Nazeeer – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. eligibility of foreign medical graduates for crmi (Para 1 , 2 , 3) |
| 2. response of the kerala state medical council (Para 5 , 6 , 7) |
| 3. national medical commission internship requirements (Para 8 , 9 , 10 , 11 , 12) |
| 4. authority of nmc's decision on online classes (Para 13 , 14) |
| 5. dismissal of the writ petition (Para 15) |
JUDGMENT :
N.NAGARESH, J.
The petitioners are Foreign Medical Graduates, who completed their medical education at Bukovinian State Medical University, Ukraine during 2016- 2020. The petitioners passed National Medical Commission screening test.
2. The 1st petitioner completed one year Compulsory Rotational Medical Internship (CRMI) and petitioners 2 to 24 are undergoing their internships. Due to Covid-19 pandemic and the Ukraine War, the National Medical Commission required the Foreign Medical Graduates, who attended online classes, to complete a two year CRMI. The National Medical Commission later reduced the internship period to one year for those students who have sufficiently compensated classes in physical onsite in lieu of the online classes and subsequently passed examination equivalent to MBBS in India.
3. The petitioners state that they attended
The National Medical Commission's authority to enforce a two-year internship for Foreign Medical Graduates with online class attendance is justified under the regulations to ensure public health and ....
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....
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....
A clinical clerkship is required for foreign medical graduates to ensure quality in healthcare delivery.
(1) Grant of Medical Degree – National Medical Commission is not bound to grant provisional registration to student who has not completed entire duration of course from Foreign Institute including cl....
The reasonableness of educational requirements and examination attempt restrictions must be considered in light of their potential impact on students' careers.
The Indian Medical Council Act prevails over state regulations, and the insistence on compulsory internship for foreign medical graduates was deemed arbitrary and illegal.
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....
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