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The Kerala High Court upheld the Kerala State Medical Commission's decision requiring a two-year Compulsory Rotating Medical Internship for foreign students who missed offline classes due to the COVID-19 pandemic and the war in Ukraine. The Court emphasized that the decision was made in the larger public interest.

The petitioners, who completed their medical education in Ukraine from 2016 to 2022, approached the High Court seeking that they should only be required to complete a one-year Compulsory Rotating Medical Internship, in accordance with Regulation 5 of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations of 2021. They challenged a notice issued by the Kerala State Medical Commission, which required foreign medical students who attended online classes during the pandemic to undergo a two-year internship.

Justice C.S. Dias, referencing the Supreme Court's judgment in National Medical Commission v. Pooja Thandu Naresh and Ors. (2022), affirmed that the Kerala State Medical Commission has the authority to issue such regulations. The Supreme Court had previously stated that doctors need practical training to properly care for citizens. The Kerala High Court, after reviewing the facts and materials placed on record dismissed the writ petition, holding: "On evaluation of the facts, materials, and law, especially as there is no evidence to substantiate that the petitioners attended their final year of study offline during the pandemic, I do not find any valid ground to deem the stipulation in Note 3 of Ext.P5 as arbitrary or oppressive. The regulation was introduced in the public interest to ensure that foreign medical graduates receive adequate practical training before being granted permanent registration."

The petitioners had completed the entire medical curriculum, including theory, practical training, and examinations in Ukraine, finishing in 2022. They also passed the Foreign Medical Graduate Examination in 2022, which is a requirement for practicing medicine in India.

As per Regulation 5 of the National Medical Commission (NMC) Regulations 2021 and the Kerala Medical Practitioners Act, a Compulsory Rotating Medical Internship of at least 12 months must be completed within two years of graduation for those seeking permanent registration to practice medicine in India. The Kerala State Medical Commission had issued a notice stating that students who had attended sufficient in-person classes and passed MBBS-equivalent exams only needed one year of internship, whereas those who attended online classes due to the pandemic and the war were required to complete a two-year internship.

The petitioners were aggrieved with the Kerala State Medical Commission’s issuance of provisional registration certificates, which required them to complete two years of internship. It was contended on their behalf that, according to the statute, only one year of internship is mandatory, and that the executive decision to extend it to two years violated their rights under Articles 14, 19, and 21 of the Constitution.

The respondents, in their defense, argued that many foreign medical students were forced to attend classes online during the pandemic and take exams online. Referring to the Supreme Court ruling in Pooja Thandu Naresh (2022), they argued that foreign medical students should complete two years of internship to compensate for the lack of physical attendance during the pandemic.

The Court noted that the petitioners had not provided any evidence to show they had attended offline classes during the pandemic from June 2021 to June 2022. It also pointed out that matters such as the mode of classes attended by the petitioners could not be decided in a writ petition.

Relying on established legal principles, the Court affirmed that courts should generally avoid interfering in academic matters, as these decisions should be made by experts in the field. Ultimately, the Court concluded that the decision to impose a two-year internship was in the larger public interest and declined to overturn the Kerala State Medical Commission’s order. As a result, the writ petition was dismissed.

Cause Title: Dr. Thahiya Thasleem V S & Another v State of Kerala

Case Number: WP (C) No. 30673 Of 2024

Neutral Citation: 2024:KER:93461

Date: 11-12-2024

Bench: Justice C.S. Dias

[Read/Download order]