Madras High Court Directs National Medical Commission To Give Eligibility Certificate To Foreign Graduate, Says English Not Mandatory Subject

The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy was hearing an appeal by the graduate, Ouwshitha Surendran, against a single-judge order holding her ineligible as per the rules. The court however noted that Ouwshitha qualified as per Regulation 4(2)(a) of the Graduate Medical Education Regulations, 1997 since she had undergone all her education till her MBBS Degree in English Medium which was not less than the core course of English as prescribed by NCERT.

The court noted that with the multi-disciplinary trend, students were undergoing Higher Secondary courses in various combinations. The court added that with the New Education Policy, the straight jacket rule was now diluted. The court observed that the rules were now retrospectively amended to permit the study of missing subjects as additional subjects. The court also pointed out that the Government's policy welcomed Overseas Citizens of India to these professions.

“Thus, when the rule itself now stands retrospectively amended to permit the study of any missing subject as additional subject, and the policy of the Government of India is to welcome the Overseas Citizens of India with these kind of professional qualification to its fold, then if the case of the appellant is considered in the light of these developments, the original impugned order cannot survive,” the court said.

The court observed that Ouwshitha, who had undergone education in competent and proper institutions, was entitled to lead a professional life and career. The court also observed that if the authorities were to make her sit at home despite the qualifications, it would cause grave prejudice to her.

“The appellant has undergone her education in competent and proper institutions. She has completed her MBBS Course by proper 10 +2 + 5 years. Like any other student, she is also entitled to lead a professional life and career and her case deserves consideration empathetically. To make her sit at home, inspite of her qualification would cause gravest prejudice to her. For all the above reasons, this Writ Appeal is bound to succeed,” the court observed.

The NMC had argued that the curriculum studied by her at the 12^th level did not have English as a mandatory subject. The NMC had further argued that she did not undergo regular, continuous, and co-terminus/simultaneous teaching and training in the subject of English as per the provisions of the eligibility requirement for taking admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002, read with Graduate Medical Education Regulations, 1997, as well as the Code-7 under Chapter 4 of the NEET – UG, 2021.

The court noted that as per the Graduate Medical Education Regulations 1997, English was not required as a Subject but the requirement was English at a level not less than the core course of English as prescribed by the NCERT. Thus, the court observed that the appellant had the requisite qualification to enter and undergo an MBBS Degree.

Accordingly, the court set aside the order of the single judge and directed the NMC to issue an eligibility certificate and declare the results of her Screening Examination of Foreign Medical Graduates.

Counsel for the Appellant: Mr.Srinath Sridevan, Senior Counsel for Mr.TK.Bhaskar

Counsel for the Respondent: Mrs.Shubharanjani Ananth for R1 Mr.V.P.Raman for R2 Mr.S.M.Deenadayalan for R3

Citation: 2024 LiveLaw (Mad) 23

Case Title: Ouwshitha Surendran v National Medical Commission and Others

Case No: Writ Appeal No.1141 of 2022