Foreign Medical Graduates Who Interned In Country Of Study Not Required To Undergo Another Internship In State: Kerala High Court

The Kerala High Court has held that a medical graduate from a foreign university who has fulfilled all requisite qualifications as per the norms prevailing in that country to become eligible to be enrolled as a medical practitioner therein, need not undergo another internship in the State to be registered with the State Medical Council to practice Medicine in terms of the Travancore Cochin Medical Practitioners Act, 1953.

Justice P.B. Suresh Kumar directed the State Medical Council to grant permanent registration to the petitioner within two months without insisting her to undergo a compulsory internship when she applies for the same. 

However, it was clarified that the Council may persuade foreign medical graduates to undergo internship for diseases and treatments peculiar to the State. It added,

"It is made clear that this judgment will not preclude the State Medical Council from bringing to the notice of the National Medical Commission the requirement, if any, for the foreign medical graduates to undergo internship afresh to get acclimatized with the diseases and requirements of treatment peculiar to the State in order to bring in force appropriate statutory amendments."  

Brief Facts:

The plea was filed by Sadhiya Siyad, an Indian citizen who was admitted to the Dubai Medical College for Girls in 2014 and had graduated 2019. She had obtained the Eligibility Certificate as mandated by the Indian Medical Council Act, 1956 to pursue medicine from a foreign institution in the year 2017. 

Pursuant to completing her course, the petitioner underwent a one-year internship at various hospitals under the Dubai Health Authority till September 2020. Following this, she cleared the licensing examination conducted by the Dubai Health Authority. 

Accordingly, she became eligible to be enrolled as a medical practitioner in the country and was registered as one in November 2020. 

The petitioner also cleared the Screening Test under Section 13(4A) of the IMC Act to become eligible to be enrolled in a State Medical Register in India as well.

According to the petitioner, she is entitled to practice medicine in India and thereby preferred an application in the State for provisional registration.

However, the State Medical Council directed the petitioner to file an affidavit to the effect that the provisional registration will only be used for completing Compulsory Rotatory Residential Internship (CRRI) in any institution approved by the Medical Council of India. 

The petitioner's case was that since she has already undergone an internship in the country of education as part of the medical course undertaken by her, she is entitled to permanent registration straightaway in the State. 

On that note, as soon as she received her provisional registration, the petitioner instituted a writ before the Court seeking a direction to the State Medical Council to grant permanent registration to her.

Observations of the Court: 

The questions before the Court were:

• Is a person who has not undertaken an internship as part of the medical course undertaken by her abroad eligible to appear in the Screening Test provided for under Section 13(4A) of the IMC Act?

Regulation 11 provides that candidates who qualify the Screening Test may apply to any State Medical Council for provisional or permanent registration and the State Medical Councils shall issue provisional registration to such candidates, who are yet to undergo one-year internship in an approved institution and issue permanent registration to such eligible candidates who have already undergone one-year internship, as the case may be.

The Court found that this shows that internship is not insisted for appearing in the Screening Test and that the only requirement for appearing in the Screening Test is that the candidates should possess a primary medical qualification as defined in the Regulations. 

Since the State Medical Council did not have a case that the petitioner did not possess a primary medical qualification, it was held that the stand of the Council that only students who have completed an internship as part of the medical course undertaken by them in the medical institution abroad are entitled to appear for the Screening Test is unsustainable. 

• Can a person who obtains an Eligibility Certificate in terms of Section 13(4B) of the IMC Act after taking admission in a medical institution abroad, be denied enrolment on a State Medical Register if she satisfies all other eligibility criteria for the same?

The State Medical Council has no case that the petitioner would not have been issued the Eligibility Certificate, had she applied for the same before taking admission for the medical course in the medical institution abroad.

In the circumstances, it was found that the stand of the State Medical Council that the qualification obtained by the petitioner cannot be regarded as one in accordance with the provisions of the IMC Act as she has not obtained Eligibility Certificate before taking admission, so as to become eligible to be enrolled as a medical practitioner in the State Medical Register, is unsustainable.

The petitioner had satisfied all the eligibility criteria for registration under the provisions of the IMC Act and the regulations made thereunder. As such, the Court held that she cannot be denied registration on the said ground. 

• Whether a person who obtains a medical qualification from a medical institution abroad and undertakes one-year internship thereafter in the country of education and satisfies all other eligibility criteria for enrolment on a State Medical Register be insisted to undergo CRRI for the said purpose? 

The Court noted that a person who obtains medical qualification granted by medical institutions outside India, is recognised for enrolment as a medical practitioner in that country and who clears the Screening Test in terms of Section 13(4A) of the IMC Act, is entitled to be enrolled as a medical practitioner on any State Medical Register if he has already undergone one-year internship.

The petitioner had satisfied all the said conditions. Therefore the bench ruled:

"...according to me, the State Medical Council is obliged to grant permanent registration to the petitioner and they cannot insist that the petitioner shall undergo CRRI for the said purpose." 

Accordingly, the petition was allowed directing the State Medical Council to permit the petitioner to apply for the permanent registration, and if applied, grant permanent registration to the petitioner without insisting her to undergo CRRI, if the application of the petitioner is otherwise in order. 

Advocates Santhosh Mathew and Elza Joe appeared for the petitioners while Standing CounselsTitus Mani and N Raghuraj appeared for the respondents in the matter. 

Case Title: Sadhiya Siyad v. State of Kerala & Ors.

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