Delhi HC FMG Eligibility Certificate
Delhi HC FMG Eligibility Certificate
Delhi HC FMG Eligibility Certificate
IN
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 20 May 2024
Pronounced on: 4 June 2024
versus
NATIONAL MEDICAL
COMMISSION & ANR. ..... Respondents
Through: Mr. Ripu Daman Bhardwaj,
CGSC with Mr. Kushagra Kumar, Advocate,
for UOI.
Mr. Tanoodbhav Singhdev, Mr. Bhanu
Gulati and Mr. Abhijit Chakravarty, Advs.
for R-1/NMC
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT
% 04.06.2024
W.P.(C) 3356/2022
The lis
Facts
1 4. Eligibility Criteria: No person shall be allowed to appear in the screening test unless:
(1) he/she is a citizen of India and possesses any primary medical qualification, either whose
name and the institution awarding it are included in the World Directory of Medical Schools,
published by the World Health Organisation; or which is confirmed by the Indian Embassy
concerned to be a recognised qualification for enrolment as medical practitioner in the country in
which the institution awarding the said qualification is situated;
(2) he/she had obtained ‘Eligibility Certificate’ from the Medical Council of India as per the
‘Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign
Medical Institution Regulations, 2002’. This requirement shall not be necessary in respect of Indian
citizens who have acquired the medical qualifications from foreign medical institutions or have
obtained admission in foreign medical institution before 15th March, 2002.
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HARI SHANKAR
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Thank You!!2
Rival contentions
18. I have heard Mr. Sudhir Naagar, learned Counsel for the
petitioner and Mr. Tanoodbhav Singhdev, learned Counsel for the
2 One is given to wonder whether the two exclamation marks were intended to introduce an element of irony.
Perhaps the NMC would do better to punctuate its communications more appropriately.
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NMC, at length.
equivalent to 10+2 Higher Secondary Examination after a period of 12 years study, the last two
years of study comprising of Physics, Chemistry, Biology/Biotechnology and Mathematics or any
other elective subjects with English at a level not less than core course of English as prescribed by
the National Council of Educational Research and Training after the introduction of the 10+2+3
years educational structure as recommended by the National Committee on education;
Note: Where the course content is not as prescribed for 10+2 education structure of the
National Committee, the candidates will have to undergo a period of one year pre-professional
training before admission to the Medical colleges;
Or
*****
(f) Any other examination which, in scope and standard is found to be equivalent to the
intermediate science examination of an Indian University/Board, taking Physics, Chemistry and
Biology/Biotechnology including practical test in each of these subjects and English.
5 3. An Indian citizen, who has passed the qualifying examination either from India or an equivalent
examination from abroad and is desirous of joining an undergraduate medical course in any foreign medical
institution on or after 15thMarch, 2002 shall approach the Council for issue of an Eligibility Certificate for
that purpose.
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Keeping in view the fact that several thousand Indian students who
have already commenced their pre-medical education, i.e., B.S.
course in / Philippines, or pre-medical/language courses in any
other foreign countries and that/Eligibility Certificate is required to
be granted on the criteria of age and marks in 10+2 as per Public
Notice dated 14th September, 2018 issued by the erstwhile Medical
Council of India and Order dated 27.09.2018 passed by the Hon'ble
High Court of Delhi at New Delhi in WP(c)No.8091/2018 and
connected matters, Indian Citizens/OCI who had not
registered/appeared/qualified NEET-UG 2018 & 2019, were
allowed to take admission in MBBS or equivalent medical course
in a medical university outside the country in the academic year
2018-19 and 2019-20. However, such candidates are required to
obtain/apply for an eligibility certificate from the Medical Council
of India u/s 13(4B) of the IMC Act, 1956.
for the academic year 2018-19 & 2019-20 shall be exempted from
the requirement of NEET-2018 &2019 in terms of the amendment
dated 01.03.2018 to the Screening Test Regulations, 2002 and
Eligibility Requirement for Taking Admission in an Undergraduate
Medical Course in a Foreign Medical Institution Regulation,
2002."
7 8. The Council shall consider the application for Eligibility Certificate and verify the following details
as per the Regulations of the Council—
(i) Whether the candidate fulfills the age criterion prescribed by the Council?
(ii) Whether the candidate fulfills the eligibility criteria for admission to MBBS course in
India as prescribed in the Graduate Medical Education Regulations, 1997, i.e., minimum qualifying
marks criteria in Physics, Chemistry, Biology and English, including relaxed criteria in case the
candidate belongs to a reserved category?
(iii) If the candidate belongs to SC/ST/OBC, whether he/she has produced a caste certificate
from a Competent Authority?
8 9. After verification, as required, if the candidate is found to fulfill the eligibility criteria, the Council
shall issue an Eligibility Certificate in the prescribed format to the candidate certifying that he/she is eligible
to join a medical institution outside India to obtain a primary medical qualification. The certificate shall
indicate that on return after obtaining the foreign primary medical qualification, the candidate shall have to
undergo a screening test, subject to fulfillment of the conditions prescribed in the Screening Test Regulations,
2002, and that passing this test shall only entitle him to provisional/permanent registration by the Medical
Council of India or the State Medical Councils.
exit from India and entry back into India as well as entry /
exit in that Foreign Country. The same may be accepted
only on the basis of certified copies of passport wherein
such details are duly recorded. It may be further clarified
that, the present is a one-time exemption granted keeping in
view the peculiar facts and circumstances that have arisen
and all those who leave the Indian Shores for pursuing pre-
medical/medical course for the academic year 2018-19 &
2019-20 shall be exempted from the requirement of NEET-
2018 & 2019 in terms of the amendment dated 01.03.2018
to the Screening Test Regulations, 2002 and Eligibility
Requirement for Taking Admission in an Undergraduate
Medical Course in a Foreign Medical Institution
Regulation, 2002”
33. Mr. Singhdev submits that Clause 4 of the Public Notice dated
25 March 2022 recognises that BS is a pre-medical examination only
in Philippines. It cannot, therefore, be regarded as a “pre-medical
course” for the purposes of Regulation 4(2)(c) of the GME regulation.
MD. However, some additional credits for the BS course are given
for +2 which the Indian student has done and the remaining credits
of the BS course have to be obtained during the three semesters
before he is granted a BS degree. There after he is eligible for MD
course. In short an Indian student does a BS + MD course of 1.5-2
yrs approx and 4years respectively. The system is expected to ease
out in the coming years as Philippines is switching over to 10+2
system.”
41. While drafting the present judgment, this Court noticed that
Regulation 4(2) of the Screening Test Regulations seemed to indicate
that one of the pre-requisites for appearing in the Screening Test was
possession, by the candidate, of an Eligibility Certificate which she, or
he, “had obtained” as per the Eligibility Regulations. As this threw up
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the issue of whether the candidate could at all apply for an Eligibility
Certificate after having obtained the Primary Medical Qualification
from the foreign medical institution, both learned Counsel were
briefly heard on this aspect on 3 June 2024. After hearing learned
Counsel, the following order was passed on the said date:
Analysis
42. No occasion arises for this Court to enter into any of the aspects
which were argued, for the simple reason that the right to obtain an
Eligibility Certificate is available only prior to undertaking the
medical course from a Foreign Medical Institution and cannot be
deferred to any later stage and, in the absence of such an Eligibility
Certificate, a candidate cannot undertake the FMGE.
43. Learned Counsel for both sides are in agreement that Section
13 of the IMC Act applies to the facts of the present case. Sub-
section (4A)21 of Section 13 requires the candidate, who is a citizen of
India and obtains a PMQ from a foreign medical institution, to qualify
the FMGE in order to be enrolled on the Medical Register maintained
by the State Medical Council or the Indian Medical Register. Sub-
section (4B)22 further stipulates that such a citizen of India shall not be
eligible to get admission to obtain a PMQ granted by any medical
21 (4A) A person who is a citizen of India and obtains medical qualification granted by any medical
institution in any country outside India recognized for enrolment as medical practitioner in that country after
such date as may be specified by the Central Government under sub-section (3), shall not be entitled to be
enrolled on any Medical Register maintained by a State Medical Council or to have his name entered in the
Indian Medical Register unless he qualifies the screening test in India prescribed for such purpose and such
foreign medical qualification after such person qualifies the said screening test shall be deemed to be the
recognised medical qualification for the purposes of this Act for that person.
22 (4B) A person who is a citizen of India shall not, after such date as may be specified by the Central
Government under sub-section (3), be eligible to get admission to obtain medical qualification granted by any
medical institution in any foreign country without obtaining an eligibility certificate issued to him by the
Council and in case any such person obtains such qualification without obtaining such eligibility certificate,
he shall not be eligible to appear in the screening test referred to in sub-section (4A):
Provided that an Indian citizen who has acquired the medical qualification from foreign medical
institution or has obtained admission in foreign medical institution before the commencement of the Indian
Medical Council (Amendment) Act, 2001 shall not be required to obtain eligibility certificate under this sub-
section but, if he is qualified for admission to any medical course for recognized medical qualification in any
medical institution in India, he shall be required to qualify only the screening test prescribed for enrolment on
any State Medical Register or for entering his name in the Indian Medical Register.
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46. Regulation 4(2) of the Screening Test Regulations, also uses the
expression “had” which refers to a period prior in point of time.
51. Though there are judicial authorities, on this issue, both ways,
the binding legal position is as stated above. If one were to advert, in
decreasing order of precedential preference, the decisions of the
Supreme Court, of Division Benches of this Court, and of Single
Judges of this Court, the following position emerges.
52. The petitioner, therefore, does not even have a right to apply for
an Eligibility Certificate, not having obtained an Eligibility Certificate
before joining the MD Course in the DMSFI.
23 (2005) 1 SCC 45
24 (2009) 10 SCC 313
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53. Mr. Naagar, learned counsel for the petitioner has also not been
able to draw my attention to any provision which entitles the
petitioner to apply for an Eligibility Certificate after having obtained
the MD qualification from the DMSFI and before undertaking the
FMGE in India. He, however, relies on paras 5, 9, 11, 19 and 21 of
the judgment of a learned Single Judge of this Court in Shambhavi
Sharma, which has been followed in paras 13 and 14 of a Co-ordinate
Bench in Pawan Kumar Gupta.
57. At the same time, it appears that the NMC has been granting
Eligibility Certificates to students who did not obtain such certificates
before joining the medical course abroad and had applied for the
Eligibility Certificate after obtaining the PMQ from the foreign
institution, provided, according to the NMC, they were eligible for
having been issue the Eligibility Certificate before they joined the
medical course abroad. One may well imagine the plight of a student,
such as the petitioner, who was educated entirely in Philippines, and
who obtained her MD degree as per the law applicable in Philippines,
being told, on returning to India and applying for an Eligibility
Certificate to attempt the FMGE, that it is too late. If the NMC is,
therefore, entertaining the request of such a student for grant of
Eligibility Certificate on merits, it is a wholesome dispensation, but,
unfortunately, is contrary to Section 13(4B) of the IMC Act and
Regulation 4(2) of the Screening Test Regulations. As a court of law,
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HARI SHANKAR
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Conclusion
C.HARI SHANKAR, J
JUNE 4, 2024
rb/dsn/yg
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