2025 Supreme(Online)(AP) 18521

HIGH COURT OF ANDHRA PRADESH
KIRANMAYEE MANDAVA
MARUMULLA AZHAR VALI – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WP 31228/2025

FMGL Regulations, 2021 do not apply to medical students who joined foreign institutions before 18.11.2021. FMGs are entitled to permanent registration after one-year internship if they have adequately compensated for online classes, as per the Public Notice dated 19.06.2024.

Headnote:(A) National Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021 - Regulation 5(1)(b) - Circular dated 04.03.2022 - National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 - Schedule II, Clause 2(b) - Public Notice dated 19.06.2024 - Section 13 of the Indian Medical Council Act, 1956 - The case involves the right of Foreign Medical Graduates (FMGs) to obtain Permanent Registration after completing a one-year internship. The court held that the FMGL Regulations, 2021 do not apply to students who joined their medical course prior to 18.11.2021. The NMC’s clarification via Circular dated 04.03.2022 was reiterated. The court interpreted the Public Notice dated 19.06.2024 to mean that FMGs who had “sufficiently compensated” for online classes with physical classes are eligible for a one-year internship, not that the entire period of online instruction needed to be repeated. The court found that the Andhra Pradesh Medical Council's (APMC) insistence on a second year of internship, based on an unpublished clarification, was unsustainable. (Paras 10, 11, 16, 17, 18, 19, 20)

(B) Writ Jurisdiction - Applicability of Regulations - The court emphasized that once a candidate has passed the Foreign Medical Graduate Examination (FMGE), been granted provisional registration, and completed a one-year CRMI, the APMC cannot re-scrutinize the nature or schedule of the foreign university’s curriculum under the pretext of verifying compensatory certificates. The court noted that the APMC’s rejection was based on a clarification from NMC that had no legal enforceability as it was never published. (Paras 16, 19, 20, 21)

Facts of the case:
Multiple writ petitions were filed by Foreign Medical Graduates (FMGs) who had completed their medical degrees abroad (academic years 2016-2022, 2017-2023, etc.). Due to the COVID-19 pandemic and the Ukraine war, their courses were partially conducted online. After returning to India, they passed the FMGE screening test and completed a 12-month Compulsory Rotating Medical Internship (CRMI). Despite this, the Andhra Pradesh Medical Council (APMC) refused to grant them Permanent Registration, insisting on an additional year of internship based on a clarification from the National Medical Council (NMC). The petitioners challenged this rejection.

Findings of Court:
The court set aside the APMC’s impugned order. It directed the respondents to issue Permanent Registration to the petitioners within two (2) weeks, provided they have filed an apostilled compensatory certificate from their university and have completed the one-year internship. The court held that the APMC’s interpretation of “sufficiently compensated” was absurd and not sustainable. The court also noted that the series of circulars and public notices had caused confusion and mental agony to students. (Paras 18, 20, 21, 22)

Issues: The main issues were whether FMGs who joined their course before 18.11.2021 are governed by the FMGL Regulations, 2021, and whether the APMC’s demand for a second year of internship based on a non-public clarification was legally valid.

Ratio Decidendi: The court ruled that the FMGL Regulations, 2021 do not apply to students who joined their undergraduate medical education in foreign institutions prior to 18.11.2021, and they are governed by the pre-existing regulations (Screening Test Regulations, 2002). The Public Notice dated 19.06.2024 clarifies that students who have compensated for online classes with physical classes are eligible for a one-year internship. The APMC's reliance on an unpublished clarification is without legal force. (Paras 10, 16, 19)

Result: All writ petitions disposed of. Impugned orders set aside. Directions to issue Permanent Registration within two weeks upon verification of compensatory certificates and completion of one-year internship. No order as to costs. (Paras 21, 22) Keywords: permanent registration, foreign medical graduate, internship, online classes, compensatory certificate, screening test, state medical council, national medical commission, public notice, circular.

Table of Content
1. court consolidates multiple writ petitions concerning permanent registration for foreign medical graduates (fmgs) after one-year internship, driven by common issues of circular interpretation and internship requirements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. arguments center on applicability of fmgl regulations 2021 vs. 2002 screening regulations, with petitioners citing nmc circulars to assert exemption for those enrolled before 18 nov 2021. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. court finds apmc's interpretation of 'sufficiently compensated' requiring equal online/offline class extension is absurd and unsustainable. (Para 17 , 18 , 19)
4. court sets aside apmc rejection, orders permanent registration for petitioners who completed fmge and one-year internship, with compensatory certificates verified. (Para 20 , 21 , 22)

COMMON ORDER:

The issue in all these writ petitions is common, therefore, writ petitions are being disposed of by way of a common order.

2. Heard Sri Amirisetty Sai Raghava, learned counsel for the petitioner(s) in W.P.Nos.27703, 28069, 28162, 31228, 31229, 31247, 31364 & 31424 of 2025, Sri A.Satya Prasad, learned Senior Counsel assisted by Sri Prakash Buddarapu, learned counsel for the petitioner(s) in W.P.No.31248, 34470 of 2025, Sri Y.Nagireddy, learned counsel appearing for Sri G.Mallikarjuna Reddy, learned counsel for the petitioner(s) in W.P.Nos.30675, 30677, 30679, 32012 & 22629 of 2025, Sri Vivekananda Virupaksha, learned counsel for the petitioner(s) in W.P.No.29043 of 2025, Sri B.S.Mani Kumar, learned counsel for the petitioner(s) in W.P.No.34338 of 2024, Sri V.V.Anil Kumar, learned Standing Counsel for Andhra Pradesh Medical Council (APMC) and Sri S.Vivek Chandra Sekhar, learned Standing Counsel for National Medical Council (NMC) appearing for the respondents.

3. The issue for consideration is whether the petitioners are entitled to be granted Permanent Registration after completion of their one-year internship in the respective medical colleges/hospitals assigned by Andhra Pradesh Medical Council (APMC).

4. In the previous round of litigation, this Court observed that the APMC is under an obligation to follow the Circular dated 19.06.2024 issued by the National Medical Council (NMC). In terms of the said Circular, the petitioners were granted liberty to file an application before APMC. Upon filing of the same, the APMC was directed to pass appropriate orders in terms of the Circular dated 19.06.2024.

5. The petitioners are Foreign Medical Graduates who enrolled in a medical course for the academic periods, 2016-2022, 2017-2023 and 2018- 2023, 2019-2013 etc., respectively. On account of the Covid-19 pandemic and Ukraine War respectively, they have returned to India and attended classes in online mode or in virtual mode, during the following periods:

6. The 3^rd/4^th year course was conducted in virtual mode due to the pandemic. It is contended that the theory classes were attended in virtual mode, whereas the practical classes were attended in physical mode, with additional classes parallel to the academic year. It is stated that between and after the regular classes, the petitioners have attended practical classes and clinical training. Upon completion of the course, the petitioners obtained a Doctor of Medicine (MD) Degree.

7. After obtaining the certificate in graduation, they came down to India to practice medicine. In the said pursuit, the petitioners had appeared in the Foreign Medical Graduate Examination (FMGE), conducted by National Board of Examinations in Medical Sciences (an autonomous body under the Ministry of Health and Family Welfare, Government of India), a screening test meant to allow students who studied medicine abroad to practice in India. After qualifying in the screening test, the petitioners had underwent a 12 month Compulsory Rotating Medical Internship (CRMI) in accordance with the Compulsory Rotating Medical Internship Regulations, 2021 and the National Me

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