THAHIYA THASLEEM V S Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants filed the writ petition for quashing Note 3 in Exts.P5 and P5(a)certificates issued by the fourth respondent, the Kerala State Medical Councils, and also for a declaration that the petitioners need to undergo Compulsory Rotating Medical Internship (CRMI) only for one year. By the impugned judgment, the Single Judge found that there is no illegality in the condition incorporated by Note 3 in Exts.P5 and P5(a) and thereby dismissed the writ petition.

(2.) The petitioners have undergone Master of Medicine course at Odessa National Medical University, Ukraine which is equivalent to the MBBS course in India. The duration of the course was from June 2016 to May 2022. They passed the Foreign Medical Graduate Examination in December 2022. As per the provisions of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 (‘the Regulations, 2021', for short) which is issued by the fifth respondent, National Medical Commission, if a candidate desires to seek Permanent Registration to practice medicine in India, he has to undergo an internship on par with the Indian Medical Graduates.

(3.) The appellants contended that as per Schedule I of the Kerala Medical Practitioners Act read with Regulation 5 of the Regulations, 2021 the overall duration of CRMI shall not be less than 12 months, but it shall be completed within two years. The appellants challenge Note 3 in Exts.P5 and P5(a) on the ground that when a statutory provision stipulates only one year, the same should not be extended by an executive decision. The appellants further pointed out that pursuant to the representations made by the appellants as well as similarly placed persons, the 5th respondent issued a public notice (Ext.P8) clarifying that the students who have sufficiently compensated classes in physical onsite in lieu of online classes and have subsequently passed the examination equivalent to MBBS need to undergo only one year CRMI. The appellants have attended theory classes, practical training and examinations except one in physical mode at their University.