Madhya Pradesh HC Issues Notice On Plea By Foreign Graduates Against Increase Of Internship Period From 2 Yrs To 3 Yrs Retrospectively

The Madhya Pradesh High Court has issued notice to the state government and Madhya Pradesh  medical council on a petition by foreign medical graduate students challenging the increase of the term of their internship by the State Medical Council from two to three years retrospectively. 

A division bench of Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla in its order said:

“Heard on the question of admission. Issue notice to the respondents on payment of process fee by Registered AD mode within three working days. Notices be made returnable within three weeks. In addition, petitioners are permitted to serve the respondents Hamdast, for which requisites be filed by 21st January . Office is directed to take necessary steps in this regard. The petitioners are also directed to file the acknowledgment of receipt of notice along with an affidavit in support of service of Hamdast Notice”.

In the present case, the petitioners after clearing the NEET (UG) examination and after getting eligibility certificate went to China to study MBBS. Before the completion of their MBBS course in 2022, pandemic COVID-19 arrived and thus they were forced to return back in penultimate year. They completed their MBBS Course through online mode and so their internship period was extended for a period of two years in comparison to one year period for the students who did the MBBS course in India.

The plea claims that subsequently on November 4, 2024 the petitioners were informed for the first time that their internship period would now be for a period of three years which the petitioners claim has been made restrospectively for "students who completed their course from China during/after" Covid-19 pandemic. 

The plea claims that the petitioners were about to complete the term in March, 2025.

The plea claims that when the petitioners got themselves registered they were informed vide a letter of March 23, 2023 the state medical council that their internship period would be for two years. Hence theory of Promissory Stopple and Legitimate Expectation is applicable.

It states that the petitioners have started studying for Pre-PG examination which is scheduled in the month of June, 2025 and students have to study for atleast an year for clearing the Pre-PG examination. The petitioners were in the mid of their studies for Pre-PG examination but suddenly on November 4, 2024 they were informed that now the internship period will continue for the period of three years, which "automatically means" they wont be declared as eligible to appear for the Pre-PG examination. 

The petition states that they way M.P. Medical Council has extended the internship period has not happened in any other part of the country. It states that in an order dated March 23, 2023 of M.P. Medical Council, used the word is “24 months” which means “two years” therefore, under any stretch of imagination the same cannot be given a retrospective application vide order dated November 4, 2024. 

The plea seeks quashing of the November 4, 2024 order and a direction to the respondents to give No Objection Certificate and the eligibility certificate to the petitioners for completion of internship period on March 23, 2025, since the two year internship period will complete on the said date and the petitioners will be declared eligible to appear in Pre-PG exam 2025-2026 & 2026-2027.

The matter is listed in the week commencing from February 10.

Advocate for the petitioners- Adv. Aditya Sanghi

Advocate for the Respondent: Adv. Piyush Jain

Case title: Dr. Sourabh Raghuvanshi & ors. vs. State of Madhya Pradesh & Ors.

Case No: WP No. 547 of 2025

Click Here To Read/Download Order