Andhra Pradesh High Court Upholds Mandatory Two-Year Internship For Foreign Medical Graduates | Online Classes Cannot Replace Clinical Training
Safiya Malik
In a recent judgement, the Andhra Pradesh High Court at Amaravati, Single Bench of Justice Kiranmayee Mandava dismissed a writ petition challenging the Andhra Pradesh Medical Council's decision not to issue Permanent Registration Certificates to a group of Foreign Medical Graduates (FMGs). The Court observed that compliance with revised internship regulations is imperative and cannot be bypassed on the basis of previously issued permissions or state-specific practices.
The writ petition was filed by twenty-five foreign medical graduates, including Chukka Divya Keerthana Reddy and others, against the Andhra Pradesh Medical Council and other respondents. The petitioners pursued their MBBS education in various foreign universities, primarily in Kyrgyzstan, and subsequently completed the Foreign Medical Graduate Examination (FMGE) conducted by the National Board of Examinations in Medical Sciences. They were then assigned internships in medical colleges in India by the AP Medical Council as per the National Medical Commission (NMC) Circular dated 09.05.2023.
According to the petitioners, after completing their one-year internships, they applied for Permanent Registration Certificates. However, the 1st respondent refused to issue these certificates, citing verification delays and a requirement under newly issued circulars to undergo an extended internship of two or three years if online classes were attended during the MBBS course.
Petitioners contended that their education was based on NEET qualification, they had completed their MBBS abroad, cleared the FMGE, and fulfilled the required one-year internship as per prior guidelines. They argued that the sudden imposition of new internship durations, particularly due to online class durations, was arbitrary and unjustified.
The 1st respondent, represented by Standing Counsel Sri V.V. Anil Kumar, argued that the NMC Circulars dated 09.05.2023 and 07.06.2024 mandated two or three years of internship for FMGs who had undertaken any portion of their education online. It was further submitted that the circulars were in response to a growing concern about the authenticity of offline education certifications from foreign universities, with specific reference to fraudulent practices.
The Court noted that the National Medical Commission had issued a public notice on 28.07.2022 and subsequent circulars addressing students who had returned to India due to the COVID-19 pandemic or other disruptions such as the Russia-Ukraine war. However, the provisions for extended internships applied only to those who had completed their courses under those exceptional circumstances.
Clause x of the 09.05.2023 circular specified that "All FMGs (Except covered in point (viii) and (ix) above) are required to complete their study from respective University/Institutes in offline mode or to supplement their online theory subjects/classes by offline practical and clinical training and thereafter shall acquire a valid medical qualification which is registrable in that country where it is being acquired."
Clause xii further stated that "In case, an FMG has already completed first one year of his/her internship in any medical college in India, he/she shall be free to complete remaining part of his/her internship (2nd year of internship) from another medical college/State/UT, as per the availability of seats for conducting internship for FMGs."
Additionally, the 07.06.2024 circular from the Government of India stated that "FMGs who have attended their classes online for any duration during their course completion are required to qualify the FMG Examination and subsequently undergo a Compulsory Rotating Medical Internship (CRMI) for a period of two/three years (a schedule of 12 months to be repeated)."
The 1st respondent submitted that these provisions were necessitated by the inability to verify claims of offline education from certain foreign universities, and the Embassy of India at Kyrgyzstan had sought but not received confirmation from university rectors regarding the offline/online status of courses attended by students.
The petitioners relied on precedents from other states, such as Telangana and Uttar Pradesh Medical Councils, to argue that one-year internships were deemed sufficient elsewhere. However, the Court recorded that "the reliance placed by the petitioners on other states of Medical Council’s proceedings is concerned that they are distinguishable on facts."
Justice Kiranmayee Mandava acknowledged the unique nature of the medical profession and the critical importance of hands-on training: "The medical profession is something which requires practical knowledge and clinical training, which cannot be substituted by online classes."
She observed that the stages of medical education, especially internship and clinical exposure, are fundamental to the competence of future medical professionals:
"The regular medical course requires clinical skills training, dissections in laboratories to understand the human anatomy, patient interaction, team-based learning such as case studies and problem-solving exercises."
The Court also noted the concerns raised in the NMC Circulars regarding fraudulent compensatory certificates issued by foreign universities. As per the circular dated 07.06.2024: "It has been observed that many FMGs are maliciously obtaining compensatory certificates from their parent universities for the online classes carried by them. The medical profession deals with precious human life, therefore the life of Indian citizens cannot be put at stake of poorly trained medical professionals."
Based on these observations, the Court held that the refusal of the AP Medical Council to issue permanent registration certificates unless the full required internship is completed is in alignment with the Government of India regulations and serves the public interest in ensuring qualified medical practitioners.
The Andhra Pradesh High Court concluded that there were no circumstances justifying interference in the matter: "In the light of the circulars of the Government of India on the issue, the stages of medical education designed to impart required practical training cannot be overlooked. Therefore, I do not perceive any circumstances warranting interference in the matter."
The writ petition was dismissed with no order as to costs. The Court directed that "interlocutory applications, pending if any, shall stand closed."
Advocates Representing the Parties
For Petitioners: M. R. Tagore, Kasim Nagasaim
For Respondents: V. V. Anil Kumar, Vivek Chandra Sekhar
Case Title: Chukka Divya Keerthana Reddy and Others vs. The AP Medical Council and Others
Neutral Citation: APHC010000792025
Case Number: Writ Petition No. 229 of 2025
Bench: Justice Kiranmayee Mandava
[Read/Download order]
