The Madhya Pradesh High Court has directed the State Government and the State Medical Council to clarify their stance regarding a petition filed by Foreign Medical Graduates (FMGs). The petition challenges the retrospective extension of their internship duration from two to three years by the State Medical Council.
The HC bench, comprising Justices Sushrut Arvind Dharmadhikari and Anuradha Shukla, issued the notice with instructions for prompt compliance. “Issue notice to the respondents through Registered AD mode within three working days, with notices returnable within three weeks. Additionally, the petitioners are allowed to serve the respondents Hamdast, with requisite documents to be filed by January 21. The office is directed to ensure necessary steps, and petitioners must submit acknowledgment of notice receipt supported by an affidavit,” the bench stated in its order.
The case concerns petitioners who pursued MBBS in China after clearing the NEET UG exam and obtaining the eligibility certificate. Forced to return due to the COVID-19 pandemic, they completed their studies online. Initially, their internship duration was extended to two years, compared to the standard one year for Indian medical graduates. However, on November 4, 2024, they were informed of a further extension to three years, applied retrospectively to students who completed their courses from China during or after the pandemic.
The petitioners argued that they were nearing completion of their two-year internship in March 2025, as per the State Medical Council’s communication dated March 23, 2023, which specified a “24-month” internship. They claimed that the council’s decision violated the principles of promissory estoppel and legitimate expectation.
Furthermore, the petitioners highlighted that they had begun preparing for the Pre-PG examination scheduled for June 2025, requiring at least a year of dedicated study. The sudden announcement of an extended internship, they argued, jeopardized their eligibility for the Pre-PG exam.
The plea asserted that the extension of the internship period in Madhya Pradesh is unprecedented and inconsistent with practices across the country. It sought the quashing of the November 4, 2024 order and a directive for authorities to issue the necessary certificates enabling the petitioners to complete their internship by March 2025. The petitioners also requested recognition of their eligibility for the 2025-2026 and 2026-2027 Pre-PG exams.
The High Court, while issuing notice to the State and MP Medical Council, scheduled the matter for further hearing on February 10, 2025.
Source: Medical Dialogues