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Rules Foreign Medical Graduates Entitled to , Exempt from
In a significant ruling for foreign medical graduates, the has firmly established that these doctors cannot be charged an and are entitled to a during their . Justice Bechu Kurian Thomas delivered the judgment on , disposing of a writ petition filed by Murukan S, a graduate of a Russian medical university.
Case Background: A Graduate Denied Certificate Over Fee Demand
Murukan S, who passed the required screening test from the , completed his CRMI at the . Upon requesting his internship completion certificate, the hospital authorities demanded payment of an . The petitioner also alleged that he was not paid any during the internship period, despite a 2022 circular from the (NMC) mandating such payment for foreign medical graduates.
Legal Analysis: Reliance on Precedent and NMC Circular
The court relied heavily on its earlier decision in Sharooq Mohammed v. State of Kerala [2025 KHC Online 575], which had already examined the issue of internship fees. The court noted that the NMC's circular dated , the levy of internship fees, describing such a levy as illegal. Consequently, the government order supporting the fee was found to be . The court further observed that the same circular entitles every foreign medical graduate to payment of during CRMI.
Key Observations from the Judgment
The court's reasoning was clear in the judgment: "The question regarding demand and payment of has already been considered by this Court in the decision in Sharooq Mohammed v. State of Kerala . It has been held that the circular of the dated 19.05.2022, and describes such levy as illegal."
On the
issue, the court stated:
"This Court has already observed in various cases that
for the period of CRMI undergone by a doctor ought to be paid by the Government. Hence, the petitioner is entitled for the reliefs sought for."
Court's Decision and Directions
The court disposed of the writ petition with clear directions:
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The Medical Superintendent of , shall immediately issue the internship completion certificate to the petitioner without demanding any .
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If the petitioner applies for payment of through the hospital authorities with a copy of the completion certificate, the claim must be forwarded to the competent authority without delay.
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The competent authority in the must process the claim and disburse the eligible within three months from receipt of the claim.
Implications
This ruling reinforces the NMC's authority and clarifies that state governments and hospital authorities cannot impose fees prohibited by central medical education regulators. It also affirms the right of foreign medical graduates to fair compensation during their mandatory internships, setting a clear precedent for similar cases across the state.
