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 medical colleges or institutions for Indian Medical Graduates.

ORDER :

1. These petitions involve a common question of law and as such with the consent of counsel for the parties, same are decided by this common order.

2. The petitioners have obtained the qualification of Under-Graduate Medical Course i.e. MBBS from Foreign University and known as Foreign Medical Graduates (in short ‘FMG’) and their grievance is against the impugned order dated 08.09.2022 issued by the Director, National Medical Commission (Undergraduate Medical Education Board) to Registrar, Rajasthan Medical Council, the impugned notice dated 21.09.2022 issued by the Director, National Commission (Undergraduate Medical Education Board) and the impugned action of the respondent No.2 – Rajasthan Medical Council (in short ‘RMC’) and respondent No.3 Santokba Durlabhji Memorial Hospital-cum-Research Centre (in short ‘SDMH’) to stop the petitioners from doing their internship.

3. This Court, however, deems it proper to take the facts of S.B. Civil Writ Petition No.14560/2022 (Prakhar Sharma & Ors. Vs. National Medical Commission & Ors.) as a lead case and the prayers made in the aforesaid writ petition are quoted hereunder:-

“i) the impugned order dated 08.09.2022 issued by Director, National Medical Commission (Undergraduate Medical Education Board) to Registrar, Rajasthan Medical Council, impugned public notice dated 21.09.2022 issued by Director National Commission (Undergraduate Medical Education Board) and the impugned actions of Respondent No.2 Rajasthan Medical Council and Respondent No.3 Santokba Durlabhji Memorial Hospital cum Research Centre to stop the internship of humble petitioners may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside;

(ii) By issuing appropriate writ or direction in the nature thereof the respondents may kindly be directed : -

(a) To continue the internship of humble petitioners in Santokba Durlabhj Memorial Hospital cum Research Centre, Jaipur with all consequential benefits;

(b) To grant provisional registration number and certificate to humble petitioners during their internship at Santokba Durlabhi Memorial Hospital cum Research Centre, Jaipur, and

(c) To grant permanent registration number and certificate to humble petitioners after completion of their internship at Santokba Durlabhj Memorial Hospital cum Research Centre, Jaipur.

In the alternative;

(a) To allocate new medical college in Rajasthan for internship to humble petitioners from the date their internship at Santokba Durlabhji Memorial Hospital cum Research Centre, Jaipur have been stopped by respondent authorities and to count their already undergone internship of 6 (six) months Santokba Durlabhji Memorial Hospital cum Research Centre, Jaipur in the new allocated medical college;

(b) To grant provisional registration number and certificate to humble petitioners during their internship at Santokba Durlabhji Memorial Hospital cum Research Centre, Jaipur; and

(c) To grant permanent registration number and certificate to humble petitioners after completion of their internship at Santokba Durlabhji Memorial Hospital cum Research Centre, Jaipur.”

4. The facts, in the nutshell, are that the petitioners are Indian Citizens and they went abroad for acquiring qualification of under graduate degree in medicine i.e. MBBS from different Hospitals and details of petitioners show that they were admitted in the Sessions 2010-2015, 2014-2020, 2015-2021, 2016-2021 & 2017- 2021 in different foreign countries.

5. The petitioners have pleaded that the erstwhile Medical Council of India (in short “MCI”) under Section 33 of the Medical Council of India Act, 1956 (for short “the Act of 1956”) framed Regulations known as Eligibility Requirements in an Undergraduate Medical Course in a Foreign Medical Institutions Regulations, 2002 (hereinafter shall be referred as ‘MCI Foreign Medical Institution Regulations, 2002’) and as per the said Regulations, if a candidate was to join an under-graduate medical course in any Foreign