Supreme Court Issues Notice In Plea By Foreign Medical Graduates Seeking Direction Mandating Their Induction In Healthcare Workforce In Wake Of Covid

Supreme Court has on Tuesday issued notice in plea filed by by 3 associations of Foreign Medical Graduates seeking a direction mandating the induction of Foreign Medical Graduates in the healthcare workforce of the country to augment the ailing healthcare system.

A division  Bench of Justice Nageswara Rao and Justice Aniruddha Bose issued notice returnable in two weeks, after hearing submissions of Senior Counsel Kapil Sibal, appearing for the petitioners.

The Bench however indicated that it is not inclined to grant exemption from taking exams. The observation was made with reference to the relief of a one-time exemption being sought be petitioner associations for their members, and for all other FMGs eligible to take the FMG Examination, from taking such exam, and to be inducted into the COVID-19 workforce in order to augment the health infrastructure of the country.

"We're not inclined to exempt from screening, we don't know which country you've studied and what is the education you have. That's why screening test it there." the Bench said.

During the hearing, Senior adv Kapil Sibal submitted that are 4 categories of foreign medical graduates:

• Those who've cleared the exam, done their internship but are nor getting registered.

• Those who've cleared exam but have not been able to do internship.

• Those who have got 110 marks instead of 150 which is the minimum. He added that in this case, the plea is that the government may asked to consider reducing the marks as was done in case of NEET.

• Those who haven't appeared for the exams, and haven't cleared also. They are willing to function and help in these covid times.

"We are not very sure if we can grant you any relief for those who didn't clear the exams. Let us issue notice, let the other side come we'll see" the Bench said.

Sibal informed the court that another exam is going to be held on June 17th, and requested court to consider hearing the case before that.

"If exam is being conducted all of you should take the exam, we can't grant exemption"

"We're not saying that. Your lordships can hold the relief accordingly, issue notice I'll make my submissions at that time." Sibal said.

The present plea has been filed by Advocate Advocate Astha Sharma on behalf of the three associations including, Association of MD Physicians, All India Foreign Medical Graduates Association and Russian Medical Graduates association. The directions have been sought to Union of India and National Medical Commission.

The petition has sought directions to the Union of India to direct all states to immediately induct all the Foreign Medical Graduates within their jurisdiction into the COVID-19 healthcare workforce, and to provide facilities to such graduates at par with that provided to MBBS graduates with commensurate experience from India who are a part of the workforce;

The petitioners have also sought an alternative relief of reduction in the qualifying criteria of FMGs who had taken the FMGE December 2020, and to be brought at par with that of graduates who took the NEET Postgraduate examination of 2020,

While highlighting an unprecedented demand of doctors and healthcare professionals in wake of the Covid 19 pandemic, the Petitioners have approached the court seeking "enforcement of their fundamental right to practice their profession, as also seeking to be placed at par with medical graduates who have obtained their primary medical qualification in India" in light of the Covid 19 pandemic.