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Bhopal, May 21, 2025:
In a significant interim order, the Madhya Pradesh High Court has provisionally allowed nine foreign medical graduates (FMGs) to appear for the NEET-PG 2025 examination, amid an ongoing legal challenge to the increased duration of mandatory internships for FMGs in India.
Background: The Dispute Over Internship Duration
The case centers on a recent requirement mandating FMGs to complete two years of clinical clerkship in addition to the standard one-year compulsory internship. This policy was introduced to compensate for the online training undertaken by many FMGs during the COVID-19 pandemic, particularly those who completed their MBBS in China and had to attend their final year remotely due to travel restrictions.
Previously, FMGs were required to undergo only a one-year internship in a recognized Indian medical college after clearing the Foreign Medical Graduate Licentiate Exam, which is necessary for permanent registration to practice medicine in India. However, during the pandemic, the internship duration was increased to two years, and in some cases, even three years, leading to widespread confusion and legal challenges.
Court Proceedings and Key Questions
During the hearing on May 19, a division bench of Justices Sanjeev Sachdeva and Vinay Saraf pressed the National Medical Commission (NMC) to clarify the rationale behind the two-year clerkship requirement. The bench questioned, “So you do one year of internship plus exam and additionally one year. Now you’re saying that additionally 2 years of clerkship. What is the logic behind that? It’s not explained,” highlighting the lack of clear justification for the extended period.
The petitioners’ counsel argued that students who had already completed two years of internship in India had sufficiently compensated for the lack of hands-on training during their online final year abroad. They also contended that the NMC’s circular, which extended the internship requirement, was originally meant for students from Ukraine and the Philippines, not China, and was being misapplied in their case.
The NMC’s counsel responded that the additional clerkship was intended to ensure parity in clinical exposure, as the final year of MBBS is typically hands-on and was missed due to online classes. However, the court noted that the distinction between “clerkship” and “internship” was unclear and sought further clarification from the NMC, giving them three weeks to file a detailed affidavit. The matter is scheduled for further hearing on June 19, 2025.
Interim Relief for Petitioners
Given the urgency—since the NEET-PG 2025 exam is scheduled for June 15—the High Court granted provisional permission for the nine FMGs to appear for the examination. However, the court made it clear that this order does not confer any special rights, and the results of these candidates will not be declared without further leave of the court.
Wider Implications
This case highlights ongoing uncertainties and challenges faced by FMGs in India, particularly regarding changing regulations and the impact of the pandemic on medical education. The outcome of this case could set a precedent for similar cases across the country, as many FMGs continue to seek clarity on their eligibility for postgraduate medical education and registration.
Disclaimer:
This article is based on information reported by Medical Dialogues and Live Law as of May 21, 2025. The legal proceedings are ongoing, and the final outcome may change pending further hearings and official clarifications from the National Medical Commission and the courts. Readers are advised to consult official sources or legal counsel for the latest updates and interpretations.
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