Madhya Pradesh High Court Allows China-Returned Medical Graduates To Submit Forms | Clarifies No Special Equity And Subject To Further Orders
Safiya Malik
The High Court of Madhya Pradesh Division Bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf directed that foreign medical students affected by the ongoing dispute over applicability of National Medical Commission’s circular regarding internship requirements be allowed to fill up online examination forms. The Court clarified that such permission would be without prejudice to the rights and contentions of the parties and that no special equity would flow in favour of the petitioners. The matter has been adjourned for further consideration and filing of replies.
The petition before the Court concerned medical graduates who had completed courses from China. The petitioners challenged the application of a circular issued on 07.12.2023 by the National Medical Commission (NMC), which addressed the clerkship and internship programme for foreign medical graduates. According to the petitioners, the circular had been misapplied to them.
It was submitted that the said circular was applicable only to graduates from Ukraine, and subsequently, through a clarification, extended to the Philippines. The petitioners maintained that there was no indication of its applicability to students from China.
The urgency of the matter arose from the impending last date for submission of online examination forms, which was stated to be 7th May 2025. The petitioners argued that unless allowed to fill up the forms, they would suffer irreparable harm, as they would be precluded from appearing in the examinations scheduled towards the end of June and July 2025.
Reliance was placed on a clarification dated 19.03.2024 issued by the NMC, which was referred to by the Haryana Medical Commission in its notice dated 10.04.2024. According to the petitioners, the Haryana Medical Commission notice clarified that the NMC circular dated 07.12.2023 applied only to Ukraine and Philippines. They contended that other States were following this clarification, limiting the requirement of two years internship only to those jurisdictions.
The petitioners submitted that despite this, they were being subjected to the requirement of undertaking an extended internship, and were being denied permission to proceed with their examination forms.
Appearing for the respondents, the learned Senior Counsel representing the National Medical Commission sought time to seek instructions and file a reply regarding the applicability of the circular to students from China, as well as to address the Haryana Medical Commission’s position and the practice followed by other States.
On behalf of the respondent State authorities, it was also prayed that time be granted to file a reply.
In view of the urgency and the timeline involved, the Court considered it appropriate to pass interim directions to safeguard the petitioners from adverse consequences.
The Division Bench noted the submissions of the parties and recorded the urgency of the matter. It observed: "Learned Senior counsel for the petitioners submits that the last date for filling up the examination forms is 7th May, 2025 for the exam which is scheduled to be held towards end of June and July, 2025."
The Court acknowledged the petitioners' reliance on the clarification issued by Haryana Medical Commission and recorded: "Learned counsel relies on clarification issued by Haryana Medical Commission wherein the Haryana Medical Commission in its notice dated 10.04.2024 have referred to a clarification issued by the National Medical Commission on 19.03.2024 clarifying that the public notice dated 07.12.2023 is applicable only to Ukraine and Philippines."
It further noted the submission regarding practices followed by other States: "He further submits that other States are also following the Haryana Medical Commission and restricting the internship to only two years."
The Court recorded the request for time made by the counsel for the National Medical Commission: "Learned Senior Counsel appearing for the National Medical Commission prays for time to take clarification as to the notice issued by the Haryana Medical Commission as also the other States which are allegedly following the two years internship policy for the Foreign Medical Graduate."
Having considered the circumstances, the Court found it necessary to issue interim directions pending the respondents' replies. It stated: "Keeping in view of the urgency in the matter, let the reply be filed within one week."
The Court, in its interim order, directed the M.P. Medical Council to permit the students to fill up the online form. It was clarified that this permission would be without prejudice to the rights and contentions of the parties, and no special equity would arise in favour of the petitioners, with the same being subject to further orders. The Court further directed that the matter be re-notified on 14.05.2025 for further proceedings.
Advocates Representing the Parties
For the Petitioners: Shri Aditya Sanghi, Senior Advocate with Ms. Poonam Sonkar, Advocate
For the Respondents: Shri Darshan Soni, Government Advocate for respondent/State, Shri Anoop Nair, Senior Advocate with Ms. Disha Rohitas, Advocate for respondent, Shri Mayank Upadhyaya, Advocate
Case Title: Dr. Saurabh Raghuvanshi and Others v. The State of Madhya Pradesh and Others
Case Number: WP No. 547 of 2025
Bench: Justice Sanjeev Sachdeva, Justice Vinay Saraf
[Read/Download order]
