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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Alka Bishnoi Daughter of Dr. Shree Chand Vishnoi, Wife of Dr. Rahul Kumar Bishnoi – Appellant
Versus
State of Rajasthan – Respondent
Order :
ANOOP KUMAR DHAND, J.
1. The instant writ petition has been preferred with the following prayer:-
“(i) By issuing an appropriate writ order or direction, the impugned action of respondents of not issuing fresh internship completion certificate in new proforma required under Clause 9 of the "Regulations of Medical Practitioners and Licence to Practice Medicine Regulations, 2023" for transfer of license of medical practice from Rajasthan State to Uttar Pradesh State, be quashed and set aside and the respondent No.2- Principal, S.M.S. Medical College, Jaipur be directed to issue fresh internship completion certificate in new proforma required under Clause 9 of the "Regulations of Medical Practitioners and Licence to Practice Medicine Regulations, 2023" for transfer of license of medical practice from Rajasthan State to Uttar Pradesh State with all consequential benefits.
(ii) Any other appropriate writ, order, or direction which this Hon'ble Court deem think fit and proper in facts and circumstances of this case may also be passed in favour of the petitioner
(iii) Cost of the writ petition may also be awarded in favour of the petitioner.”
2. By way of filing this writ petition, the
The court emphasized that long-standing practice and completion of internship should not be denied on technical grounds, affirming the validity of internships completed in different hospitals.
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....
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 court ruled that unnecessary annotations on academic degrees and certificates can hinder professional opportunities and should be removed.
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 stipulation for a two-year internship for foreign medical graduates is upheld as valid, ensuring adequate clinical training crucial for public health standards, especially post-COVID-19.
The Indian Medical Council Act prevails over state regulations, and the insistence on compulsory internship for foreign medical graduates was deemed arbitrary and illegal.
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