Kerala HC Seeks NMC’s Response Over Plea Seeking Practical Training for Indian Medical Students

Kerala high court law insider)

Priya Gour

Published on: 10th August 2022 at 20:04 IST

The Kerala High Court’s Justice V.G. Arun was hearing a plea on behalf of 92 medical students studying in China. The plea intended to seek practical training and internship facilities in India till the travel restrictions to China are lifted.

The Bench quoted that, “Standing counsel for the National Medical Commission shall cause an affidavit to be filed by a responsible officer regarding the Commission’s stand as to whether petitioners can be permitted to attend classes in the Medical Colleges as a temporary measure till they are able to return to China for attending regular classes in the respective institutions.”

A registered association (for welfare of Indian students pursuing their medical education abroad, particularly in China) moved a plea on behalf of 92 students, who were forced to return to India during the Covid-19 pandemic in 2020. Some are pursuing their education via online mode.

Their course structure involves five years of theory with practical and clinical training along with compulsory internship for one year. However, the students failed to avail practical training due to the pandemic. Also, with the travel and lockdown restrictions in almost all Chinese cities, there seem negligible chances for these international students to get back in the universities.

It was submitted that neither the NMC nor the Government had passed any order accepting the online mode of education undergone by the said students.

The National Medical Commission as per its 2020 order permitted practical courses only when colleges resume and made all required arrangements. But, no remedy has been given to Indian medical students pursuing the course in China.

Both the government and NMC has taken no responsibility for completion of education of such students.

The Foreign Medical Graduate (FMGL) Regulation, 2021 mandate: “students studying abroad have to undergo a course of theory, practical and clinical training equivalent to MBBS of India to practice in India.”

This is a violation of Article 14 of these students. Thereafter, by order dated 8th February 2022, NMC rejected the recognition of medical courses done only by online mode.

The Indian Commission has not given the opportunity to complete their practical training or join for Internship, even if China has agreed to recognise the same. With rising pandemic cases and poor doctor-patient ratio as per WHO, it would be unfair for all if earliest remedy is not provided.

It was pleaded to direct to authorities to permit the said students to avail practical training and join a compulsory internship at any of the medical colleges in the country. And such courses be given approval by the commission.

Henceforth, the court has directed the NMC to communicate its stand on the issue.

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