Plea Filed in Delhi High Court Against NMC Gazette Guidelines

    Plea Filed in Delhi High Court Against NMC Gazette Guidelines

    On Tuesday, a medical aspirant by the name of Likhitha Yanmandala filed a petition in the Delhi High Court against the NMC Gazette i.e. the National Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021. The petitioner seeks to pursue a BS+MD (1.5/2 + 4 years) in the Lyceum Northwestern University in The Philippines.

    With regards to this, the hearing has been fixed on February 28th, 2022. The case shall be heard by a Division Bench composed of CJ DN Patel and Justice Jyoti Singh.

    The petitioner argues that many guidelines in the gazette dispute the parent statute i.e. the Section 36 of the National Medical Commission Act (2019) that calls for recognition of medical degrees from foreign institutions

    Furthermore, as far as the particulars of the petition is concerned, there are specific provisions of the NMC Gazette 2021 that it targets

    1- Regulation 4 (i): This regulation lays down that the minimum duration for a foreign medical degree to be valid in India according to the gazette is 54 months/4.5 years.
    The petition opposes this, saying that Section 36 of NMC Act already recognizes foreign medical degrees shorter than 54 months as valid. This gazette which is a “subordinate legislation” CANNOT override/amend the parent act

    2- Regulation 4(b): This requires foreign medical graduates to register themselves and be eligible to work in the country of graduation at par with the citizens of that country. Only after this will they be eligible for the NEXT Exam in India.
    This petition argues that this clause basically calls not just for admission but also application for license, which is akin to applying for work visa and immigration. This is unnecessary harassment and a financial burden just to write an Exit Test.

    3- Section 15(4) and Section 57: The plea states that there are no powers under Section 15(4) and Section 57 of the NMC Act that give the body the powers to frame any rules and regulations regarding admission to foreign medical universities, deciding their curriculum, duration, internships etc.

    4- Dual Internship Clause: The gazette mandates 2 internships for foreign medical graduates; one in the country of graduation; and the second one in India, after they pass the National Exit Test (NEXT Exam).

    The petition argues that such a provision has “no foundation” under the NMC Act. This will result in undue delay for the foreign medical graduates in starting practice in India.

    Furthermore, it highlights that this guideline goes against the Kerala High Court decision which upheld the validity of internships done abroad and even stated that subsequent internship in India is not compulsory.

    We shall keep you updated on each and every development of this case as well as on everything else in the Educational Sector. Keep following

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