Madras High Court
Pooja Thandu Naresh vs The State Of Tamilnadu on 27 July, 2021
W.P.No.9703 of 2021 etc., batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.9703, 9706, 9707,9708, 9710, 9711,
9713, 9715, 9717, 9719, 9714, 9653,
10162, 10166, 10170, 10172, 10266,
10271, 10481, & 10487 of 2021
and
WMP No. 10292, 10801, 10803, 11085, 10790,10863,
11084, 10867, 11081, 10303, 10224, 10320, 11079
10296, 10301, 10308, 10316, 10868, 10312, 10314
10789, 10862, 10299, 10309, 10792, 10796, 10799,
&10793 of 2021
Pooja Thandu Naresh ... Petitioner
Vs.
1. The State of Tamilnadu,
rep. by its Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Secretariat, Chennai 600 009.
2. The National Medical Commission,
rep. by its Chairman, Sector-8, Pocket 14,
Dwarka Phase 1, New Delhi 110077.
3. The Registrar, The Tamil Nadu Medical Council,
No.914, Poonamallee High Road, Amaravathi Nagar,
Arumbakkam, Chennai, Tamilnadu 600 106.
... Respondents
https://www.mhc.tn.gov.in/judis/
W.P.No.9703 of 2021 etc., batch
Prayer in W.P.No.9703 of 2021: Writ petition filed under Section
226 of the Constitution of India seeking to issue a writ of
Certiorarified Mandamus calling for the records relating to the
circular dated 12.11.2020 in ref. No.TNMC/P.N7/2020 and circular
dated 24.12.2020 in ref. No.TNMC/P.N11/2020 of the third respondent
and quash the same and consequently direct the third respondent to
provisionally register the petitioner at the Tamil Nadu Medical Council
for internship of Foreign Medical Graduates in the academic session
from 2021 for CRRI training.
In all the writ petitions
For petitioner : Mr.A.R.L.Sundaresan,
Senior Counsel
for Mr.AL.Ganthimathi
For respondents Mr. M.R.Gokul Krishnan
for R1
Ms.Shabharanjini Ananth, NMC
for R2
Mr.G.Sankaran for R3
https://www.mhc.tn.gov.in/judis/
W.P.No.9703 of 2021 etc., batch
COMMON ORDER
The common grievance of the petitioners in this batch of
writ petitions is relating to the circulars dated 12.11.2020 and
24.12.2020, rejecting their claim for provisional registration, issued by
the third respondent. Hence, the petitioners prayed to quash the above
said circulars and to direct the third respondent to provisionally register
the petitioners at the Tamil Nadu Medical Council for internship of
Foreign Medical Graduates in the Academic Session from 2021 for
CRRI Training.
2. The contentions of the petitioners in brief is as follows:
The petitioners are the native of different districts in Tamilnadu
State and they completed their XII standard in May 2015.
Subsequently, they joined MBBS Course at Foreign Medical College in
China and the total duration of the course was 54 months (4 1/2 years),
which started in the year 2015 and ended in the year 2020. The
petitioners had undergone their entire course in China, except for the
final semester, i.e. 9 out of 10 semesters were studied in China. As far
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W.P.No.9703 of 2021 etc., batch
as the last semester is concerned, classes were started only through
online mode, due to the announcement of complete National Lockdown
in China for Covid pandemic and the petitioners had attended the
online classes and completed their Course successfully. Further, the
petitioners, who studied in the different Universities of China, were
issued Provisional Certificate by the respective Universities, certifying
that they had studied the MBBS Course from the year 2015 to 2020.
2.1. Thereafter, the petitioners have to start their CRRI
training and for the purpose of such training, the petitioners have to
register themselves with the Tamil Nadu Medical Counsel, the third
respondent herein and for that purpose, the petitioners have to clear the
Foreign Medical Graduates (FMG) Screening Test, which would be
conducted by the National Board of Examinations. The eligibility
criteria fixed by the National Board of Examinations is " The result of
final examination for the said primary medical qualification should
have been declared on or before 30th November 2020". Since the
petitioners are eligible and were fully qualified, they appeared in the
above said Screening Test conducted by the National Board of
Examinations in the month of December 2020 and 'Screening Test Pass
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W.P.No.9703 of 2021 etc., batch
certificate' also issued to them in the month of January 2021.
2.2. Thereafter, for doing their internship, the petitioners
approached the third respondent for provisional registration. Then only
the petitioners came to understand that the third respondent has issued
a circular dated 12.11.2020, in which it has been stated that foreign
medical graduates, who had completed MBBS degree or internship by
online classes are not eligible for applying for provisional or final
registration. Further, the third respondent issued another circular dated
24.12.2020 stating that “ the Internship training completed by Indian
National during his or her MBBS Curse or equivalent course in China
or any other foreign country is acceptable for the purpose of grant
permanent registration under Section 13(3) of the Indian Medical
Council Act, 1956, provided that for candidates who are undergoing
UG graduation or internship training in the academic session from
2020, the minimum duration of the course (excluding the period of
study of local language) should be 4 ½ years with a 75% attendance
done with practical training and the course should not be through online
mode”. As such, citing the above circulars, the petitioners were not
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W.P.No.9703 of 2021 etc., batch
allowed to register themselves with the Tamil Nadu Medical Council
for doing their internship. Hence the writ petitions have been filed.
3. The learned Standing Counsel appearing for the second
respondent on instructions submitted a Note before this court, wherein,
the backdrop of the undergoing courses recognised by the second
respondent are stated. The relevant portion of the above said Note is
extracted as follows.
" VII. That as per the judgment of the Hon'ble Supreme Court in
the case of Medical Council of India Vs. J.Saai Prasanna &
Ors. - (2011) 11 SCC 748, it has been held that so long as the
Foreign Medical Institute grants a Primary Medical
Qualification which is recognized for enrolment as Medical
Practitinoer in that Country, all that is required fr the purpose
of grant of Registration in India is qualifying the Screening Test.
The Hon'ble Supreme Curt has further held that once the
Foreign Country recognizes a Foreign Medical Qualification
for the purpose of enrolment as a Medical Practitioner in that
country and such a person qualifies the Screening Test in India,
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W.P.No.9703 of 2021 etc., batch
the State Medical Council cannot refuse to grant
Provisional/Permanent Registration.
VIII. Accordingly, online learning in the last semester in case f
Foreign Medical Graduates is found to have been accepted in
certain countries in view of the Covid 19 Pandemic; in such
cases Universities have issued Final Consolidated Marksheets,
which show that the Curse has been satisfactorily completed in
that country entitling the student to undergo CRRI and / or
enrolment as Practitioner in that country. The Primary Medical
Qualification contained by the petition from the Foreign
Medical Institute must be equivalent to MBBS in India. This
criteria is enshrined in Clause 2(f) f the Screening Test
Regulations, 2002 which is mentioned below:-
“ Primary Medical qualification” means a
medical qualification awarded by any medical
institution outside India which is a recognized
qualification for enrolment as medical
practitioner in the country in which the institution
awarding the said qualification is situated and
which is equivalent to MBBS in India.”
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W.P.No.9703 of 2021 etc., batch
The National Medical Commission vide its notice dated
30.09.2020 allowed Indian Medical Graduates to undergo only
online classes of theory subjects which shall be supplemented
by practical and Clinical training in physical form as per the
MBBS Curriculum as and when the Medical Colleges gets re-
opened. In order to bring Foreign Medical Graduates at par
with Indian Medical Graduates, the Candidates are required to
reproduce Certificate of successful completion of theory as well
as practical and Clinical training during the course of MBBS
having being done in physical form in the Medical University
and its affiliated Hospital.
IX With due reference to the Curriculum of the petitioning
students, it is seen that the same pertain to universities duly
recognised by the NMC and having standard of education or
par with those prescribed in India. However, only certain
petitioners have filed consolidated mark sheets, Provisional
Certificates. It is also, however, noted that all petitioning
students have appended copies of the Screening Test Passing
Certificate. The petitioners are required to reproduce
Certificate of successful completion f theory as well as practical
and Clinical training during the curse of MBBS having being
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W.P.No.9703 of 2021 etc., batch
done in physical form in the Medical University and its
affiliated Hospital.”
4. Earlier, when the matter was taken up for hearing, the learned
counsel appearing for the third respondent had submitted some
suggestions to the second respondent. Based on the suggestions made
by the third respondent and also the decisions taken by the second
respondent, the above said Note has been submitted before this court on
behalf of the second respondent.
5. The Standing Counsel appearing for the second respondent
emphatically stated that the petitioners have to satisfy the certificates
and documents, as stated in the clause IX of the above said notes and if
the petitioners satisfied the said documents, the third respondent has to
verify it and consider the petitioners' application for doing their
internship and issue certificate of provisional registration to the
petitioners.
https://www.mhc.tn.gov.in/judis/
W.P.No.9703 of 2021 etc., batch
6. By considering the above said submissions of the
learned counsels for the second and third respondent and also in the
light of the instructions/Note issued by the second respondent,
particularly in Clause IX of the said instructions/Note, this court is
inclined to pass the following order.
i) The impugned circulars dated 12.11.2020
and 24.12.2020 passed by the third respondent,
rejecting the claim of the petitioners are quashed, as
for as the petitioners are concerned.
ii) The petitioners shall make their individual
application to the third respondent for provisional
registration for doing their CRRI along with the
documents, as required by the second respondent,
within a period of one week from the date of receipt
of a copy of this order.
iii) On such application being made by the
petitioners, the third respondent shall verify the
original documents and consider their application
for issuing certificate of provisional registration.
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W.P.No.9703 of 2021 etc., batch
iv) The above said exercise shall be completed
within two weeks from the date of receipt of the
application from the petitioners.
7. Inview of the above, all the writ petitions are allowed. No
costs. Consequently, connected writ miscellaneous petitions are closed.
29.07.2021
Index : Yes / No
Internet : Yes / No
mst
To
1. The Secretary to Government, State of Tamilnadu,
Health and Family Welfare Department,
Fort St. George, Secretariat, Chennai 600 009.
2. The Chairman, National Medical Commission,
Sector-8, Pocket 14, Dwarka Phase 1,
New Delhi 110077.
3. The Registrar, The Tamil Nadu Medical Council,
No.914, Poonamallee High Road, Amaravathi Nagar,
Arumbakkam, Chennai, Tamilnadu 600 106.
https://www.mhc.tn.gov.in/judis/
W.P.No.9703 of 2021 etc., batch
D. KRISHNAKUMAR, J.
mst
W.P.No.9703, 9706, 9707,9708, 9710,
9711,9713, 9715, 9717, 9719, 9714,
9653, 10162, 10166, 10170, 10172, 10266,
10271, 10481, & 10487 of 2021
29.07.2021
https://www.mhc.tn.gov.in/judis/
