The necessity for Foreign Medical Graduates to complete adequate in-person clinical training is paramount for fulfilling registration criteria and ensuring public health safety, sanctioned by the National Medical Commission's regulations.

JUDGMENT

P.V. Balakrishnan , J.

This intra-court appeal is filed by the 2^nd respondent in W.P. (C)No.42885 of 2024, challenging the judgment dated 23.07.2025, allowing the writ petition filed by respondent Nos. 1 to 8 herein. 2. W.P.(C)No.42885 of 2024 is filed by respondent Nos. 1 to 8 herein/ writ petitioners seeking the following reliefs.

''1. To issue a Writ Of Mandamus, Writ Order or Direction, commanding the 2^nd and 3^rd respondents to process the registration application of Petitioners, within a reasonable time as fixed by this Hon’ble Court;

2. To issue a Writ of Mandamus, Writ Order or Direction, declaring that ‘Clerkship’ is not required as per Exhibit P21 when Petitioner FMG students have compensated their online classes with physical classes in their parent institutions as directed by 1^st respondent;

3. To issue a Writ of Mandamus, Writ Order or Direction, commanding the 2^nd and 3^rd respondent to publish the list of vacancies available for FMG students for CRMI on a monthly basis and to allot the openings to the FMG students subject to them fulfilling all the conditions as per law.''

3. Respondent Nos. 1 to 8/writ petitioners are Foreign Medical Graduates (hereinafter referred to as 'FMG' for short) who have completed the medical course in China. They joined the medical course during the 2017-2018 period, and during COVID, they continued their studies through online mode from India. The National Medical Commission (hereinafter referred to as 'NMC' for short) permitted online classes during the COVID pandemic, provided that, the same is compensated by physical and practical training in the parent institutes. The Kerala State Medical Council also directed such students to follow the instructions of the National Medical Commission. Following the instructions, respondent Nos.1 to 8 traveled back to China after COVID and completed their compensatory classes,for the period of classes lost during the COVID period. Thereafter, they obtained a graduation certificate, passed the Foreign Medical Graduate Examination (hereinafter referred to as 'FMGE', for short) and applied for provisional registration in Kerala with the Kerala State Medical Council. But the National Medical Commission and the Kerala State Medical Council illegally and arbitrarily denied registration to respondent Nos. 1 to 8, by mandating a compulsory clinical clerkship program in lieu of online classes, which has already been compensated by them. Though multiple representations were made and meetings were held, the National Medical Commission and the Kerala State Medical Council are continuing to illegally and arbitrarily withhold the registration process of respondent Nos. 1 to 8, thereby, preventing them from applying for the Compulsory Rotating Medical Internship (hereinafter referred to as 'CRMI' for short). It is aggrieved by the non-granting of provisional registration and challenging the direction to undergo the clinical clerkship program; respondent Nos. 1 to 8 filed the writ petition seeking the afore reliefs.

4. The learned Single Judge, on an appraisal of the materials on record and hearing both sides, allowed the writ petition. The operative portion of the judgment reads as follows:

''17. It is the specific case of the petitioners herein that they had traveled back to China and completed their compensatory classes. If they have completed the compensatory classes, then the 2^nd respondent cannot take a stand that the petitioners have to undergo a two year Clinical Clerkship. Going by the statement made by the 1^st respondent NMC, the petitioners are entitled to exemption from two year internship and they need to complete only one year CRMI since they have adequately compe