SHAROOQ MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in all these writ petitions are Indian students who pursued their Medical Degrees outside India. Indian citizens and Overseas Citizens of India who have obtained their primary medical qualifications from institutions outside India are required to pass the Foreign Medical Graduate Examination (FMGE) in order to get registration under the National Medical Commission (NMC) or any State Medical Council. They are required to obtain provisional registration under the State Medical Councils in order to apply for Compulsory Rotating Medical Internship (CRMI). The Foreign Medical Graduates are required to complete a 12 month CRMI on par with Indian Medical Graduates (IMGs) in order to become eligible to apply for permanent registration under the State Medical Councils.

(2.) The petitioners in these writ petitions completed their medical degree courses abroad, in countries like Russia, Bulgaria, Philippines and Guyana. On their return after education, they applied for CRMI and were allotted to various General Hospitals. The petitioners were required to pay an annual fee to complete their one year internship. The fee demanded was higher than the fees levied from Indian Medical Graduates. The petitioners impugn Government Orders fixing the fee for CRMI and seek to declare that they are entitled to do internship without paying any fee.

(3.) Sri. Abhilash K.N., counsel for the petitioners in W.P.(C) No.19369/2025, argued that no fee is to be charged from Foreign Medical Graduates doing CRMI in view of the Circular dtd. 19/5/2022 of the National Medical Commission. As per clarification issued under Circular dtd. 9/5/2023 of the NMC, the amount of stipend payable to the interns is to be decided by the appropriate authority applicable to the institution/University or State. However, the Government of Kerala issued GO dtd. 3/4/2025 ordering that the Foreign Medical Graduates have to pay Rs.5,000.00 per month as internship fee. They have to remit Rs.60,000.00 as fee for the whole year, even though they practice for only a few months.