Following NMC Public Notices - State Medical Councils are generally required to adhere to the instructions and guidelines issued by the National Medical Commission (NMC), including public notices related to medical education, registration, and internship requirements. The NMC's directives are meant to ensure uniform standards across states and are applicable to all foreign medical graduates (FMGs) and medical students, especially those with breaks in their courses. State Medical Councils are tasked with implementing and ensuring compliance with NMC guidelines, as confirmed by circulars and annexures (e.g., Exhibits P16, P20, P21) KERALA STATE MEDICAL COUNCIL vs DALEEL AHMMED - Kerala.
Legal and Public Interest Considerations - Courts have emphasized that the public interest mandates that only properly trained individuals are allowed to practice medicine. Provisional registration certificates issued by State Medical Councils, such as Kerala, are based on NMC guidelines. Courts have also clarified that the NMC's public notices and circulars form the basis for registration and internship requirements, and State Medical Councils are expected to follow these directives RINCY.C vs NATIONAL MEDICAL COMMISSION - Kerala, NIHAL HABEEB vs NATIONAL MEDICAL COMMISSION - Kerala.
Role of NMC Regulations and Circulars - The NMC, established under the NMC Act, 2019, has issued various circulars clarifying the mode of conducting internships for FMGs, eligibility criteria, and recognition of foreign medical degrees. These circulars are made publicly accessible and are intended to guide State Medical Councils in registration processes, including verification of degrees and internship requirements. The NMC's directives are designed to standardize practices across states and ensure that foreign graduates meet Indian medical standards before registration Prakhar Sharma S/o Shri Narendra Kumar Sharma VS National Medical Commission, Through Its Director, Undergraduate Medical Examination Board, New Delhi - Rajasthan, SADHIYA SIYAD vs NATIONAL MEDICAL COMMISSION - Kerala.
Implementation and Coordination - The NMC is responsible for ensuring that State Medical Councils implement its guidelines effectively. It also coordinates with autonomous boards and foreign diplomatic missions to verify foreign medical degrees and internship equivalency. The NMC's notices, such as those dated 09.05.2023 and 07.06.2024, outline procedures for recognizing foreign degrees and internship equivalency, reinforcing the importance of following NMC-issued public notices Srinivasan Medical College and Hospital vs Union of India - Madras.
Legal Clarifications and Judicial Stance - Courts have clarified that judgments based on public interest do not prevent State Medical Councils from raising concerns or seeking additional requirements, such as internship revalidation, if deemed necessary. However, if a foreign medical graduate has obtained an Eligibility Certificate based on NMC guidelines, their registration and internship status are generally considered valid, provided they meet the criteria outlined in NMC notices. The courts have upheld that the NMC's circulars and notices are binding and must be followed by State Medical Councils to ensure uniformity and public safety SADHIYA SIYAD vs STATE OF KERALA - Kerala, SADHIYA SIYAD vs NATIONAL MEDICAL COMMISSION - Kerala.
Analysis and Conclusion:State Medical Councils should follow the public notices issued by the NMC as they form the legal and regulatory framework governing medical registration, internship requirements, and foreign degree recognition in India. The NMC's directives are designed to standardize medical education standards nationwide, protect public health, and ensure only properly trained individuals practice medicine. Courts have reinforced the importance of adhering to NMC guidelines, emphasizing that these notices are binding and serve the public interest. Therefore, State Medical Councils are obligated to implement and follow NMC-issued public notices to maintain uniformity, uphold legal standards, and safeguard public health.
