Ashok Kumar Gaur, J.:— These petitions involve a common question of law and as such with the consent of counsel for the parties, same are decided by this common order.
2. The petitioners have obtained the qualification of Under-Graduate Medical Course i.e. MBBS from Foreign University and known as Foreign Medical Graduates (in short ‘FMG’) and their grievance is against the impugned order dated 08.09.2022 issued by the Director, National Medical Commission (Undergraduate Medical Education Board) to Registrar, Rajasthan Medical Council, the impugned notice dated 21.09.2022 issued by the Director, National Commission (Undergraduate Medical Education Board) and the impugned action of the respondent No. 2 - Rajasthan Medical Council (in short ‘RMC) and respondent No. 3 Santokba Durlabhji Memorial Hospital-cum-Research Centre (in short ‘SDMH’) to stop the petitioners from doing their internship.
3. This Court, however, deems it proper to take the facts of S.B. Civil Writ Petition No. 14560/2022 (Prakhar Sharma v. National Medical Commission) as a lead case and the prayers made in the aforesaid writ petition are quoted hereunder:—
“i) the impugned order dated 08.09.2022 issued by Director, National Medical Commission (Undergraduate Medical Education Board) to Registrar, Rajasthan Medical Council, impugned public notice dated 21.09.2022 issued by Director National Commission (Undergraduate Medical Education Board) and the impugned actions of Respondent No. 2 Rajasthan Medical Council and Respondent No. 3 Santokba Durlabhji Memorial Hospital cum Research Centre to stop the internship of humble petitioners may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside;
ii) By issuing appropriate writ or direction in the nature thereof the respondents may kindly be directed:—
(a) To continue the internship of humble petitioners in Santokba Durlabhj Memorial Hospital cum Research Centre, Jaipur with all consequential benefits;
(b) To grant provisional registration number and certificate to humble petitioners during their internship at Santokba Durlabhi Memorial Hospital cum Research Centre, Jaipur, and
(c) To grant permanent registration number and certificate to humble petitioners after completion of their internship at Santokba Durlabhj Memorial Hospital cum Research Centre, Jaipur.
In the alternative;
(a) To allocate new medical college in Rajasthan for internship to humble petitioners from the date their internship at Santokba Durlabhji Memorial Hospital cum Research Centre, Jaipur have been stopped by respondent authorities and to count their already undergone internship of 6 (six) months Santokba Durlabhji Memorial Hospital cum Research Centre, Jaipur in the new allocated medical college;
(b) To grant provisional registration number and certificate to humble petitioners during their internship at Santokba Durlabhji Memorial Hospital cum Research Centre, Jaipur; and
(c) To grant permanent registration number and certificate to humble petitioners after completion of their internship at Santokba Durlabhji Memorial Hospital cum Research Centre, Jaipur.”
4. The facts, in the nutshell, are that the petitioners are Indian Citizens and they went abroad for acquiring qualification of under graduate degree in medicine i.e. MBBS from different Hospitals and details of petitioners show that they were admitted in the Sessions 2010-2015, 2014-2020, 2015-2021, 2016-2021 & 2017-2021 in different foreign countries.
5. The petitioners have pleaded that the erstwhile Medical Council of India (in short “MCI”) under Section 33 of the Medical Council of India Act, 1956 (for short “the Act of 1956”) framed Regulations known as Eligibility Requirements in an Undergraduate Medical Course in a Foreign Medical Institutions Regulations, 2002 (hereinafter shall be referred as ‘MCI Foreign Medical Institution Regulations, 2002’) and as per the said Regulations, if a candidate was to join an under-graduate medical course in any Foreign Medical Institution, he is required to secure an eligibility certificate from the MCI and all the petitioners were issued eligibility certificate. They pursued and completed their under-graduate Medical courses from the foreign medical universities.
6. The petitioners have pleaded that the erstwhile MCI also framed the MCI Screening Test Regulations, 2002, whereby the candidates, who obtained the qualification from the foreign medical institutions, were required to appear in Foreign Medical Graduate Examination and only after qualifying the said examination, the candidates were provisionally registered with the MCI, New Delhi or with the State Medical Council to pursue one year internship in an approved institution and after successful completion of internship, such persons were awarded permanent registration with the concerned Medical Council.
7. The petitioners have pleaded that the erstwhile MCI has issued a list of recognized non-teaching hospitals for Compulsory Rotating Internship Training (in short ‘CRIT’) in the State of Rajasthan and the respondent No. 3 i.e. Santokba Durlabhji Memorial Hospital-cum-Research Centre was included at serial No. 45 and the petitioners who qualified in the FMG Screening Examination in December, 2021, were allotted internship in SDMH, as per the approved list of MCI and accordingly, the petitioners had applied for registration before the RMC and the petitioner No. 16 was also granted provisional registration certificate.
8. The petitioners have pleaded that some of the candidates had inquired from the RMC about availability of hospitals for undergoing internship and in response thereof the RMC informed one of the candidates through email dated 11.01.2022 that SDMH was one of the approved Institution.
9. The petitioners have pleaded that the Parliament of India in order to improve quality and affordable medical education, introduced the National Medical Commission Act, 2019 (for short “the Act of 2019”) and Section 60(1) of the Act of 2019 repealed the earlier Medical Council of India Act, 1956 and subsection (2) of Section 61 of the NMC Act, 2019 deals with transitory provisions and the Rules and Regulations, made in the earlier Act of 1956, are to remain in force till new standards or requirements were specified under the NMC Act, 2019.
10. The petitioners have pleaded that in exercise of power conferred Section 57 read with sub-section (1) of the Act of 2019, the NMC framed National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 (in short “NMC (CRMI) Regulations of 2021”), wherein it was provided under Clause 2(c) of Schedule II that such Foreign Medical Graduates, who do not fall under the purview of National Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021 (in short “NMC (FMGL) Regulations of 2021”) were required to complete internship only in the approved medical colleges and the Institutions for providing CRMI to Indian Medical Graduates.
11. The petitioners have pleaded that as far as NMC (FMGL) Regulations, 2021 are concerned, the same are not applicable to the petitioners and as such they were required to undergo the internship from such medical colleges/Institutions, which were approved for providing CRMI to Indian Medical Graduates.
12. The petitioners have pleaded that vide Notification dated 18.11.2021, the NMC framed NMC (CRMI) Regulations, 2021 and the NMC did not declare the list of medical colleges and institutions approved for the purpose of providing CRMI to IMGs and as such the petitioners got themselves admitted in SDMH as the same was an approved Institution, as per the list provided for non-teaching hospitals for compulsory rotating medical training, as it was holding the field, as per Section 61(2) of the Act of 2019.
13. The petitioners have pleaded that the NMC had also issued a circular dated 04.03.2022, wherein it was clearly observed that such candidates, who have acquired a foreign medical degree or primary qualification or have pursued their education in foreign institutions prior to 18.11.2021, they were required to be regulated by the provisions of Section 13(3) of the Indian Medical Council Act, 1956 and accordingly, they were also to be governed by the MCI Screening Test Regulations, 2002 and Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002.
14. The petitioners have pleaded that the NMC (Undergraduate Medical Education Board), for the first time, vide its order dated 14.07.2022 informed the State Medical Councils that the FMGs would be allotted seats to the extent of 7.5% in medical colleges/institutes only and the said order was prospective in nature as the State/UT's Medical Councils were directed to make allotment and it was not dealing with such situations where the allotment of the institutions was already made, as per the MCI approved institutions.
15. The petitioners have pleaded that another order dated 08.09.2022 was issued by the respondent No. 1 - NMC stating that only those FMG candidates, whose internships have commenced after 18.11.2021, will be allowed internship only in such medical colleges/institutes, which are recognized by the Commission, of which list was shared with the State Medical Council vide letter dated 14.07.2022.
16. The petitioners have pleaded that from 18.11.2021 till 14.07.2022, the NMC had not issued any order or list of such approved hospitals or Institutions, which were recognized for the purpose of CRMI under the NMC (CRMI) Regulations, 2021 as well as NMC (FMGL) Regulations, 2021.
17. The peters have pleaded that after issuance of the impugned letter dated 08.09.2022, the SDM Hospital discontinued the internship of the petitioners, which had commenced from March, 2022 and as such the petitioners have already completed six months internship out of the total period of 12 months of internship on the date of issuance of impugned letter dated 08.9.2022.
18. The petitioners feeling aggrieved against the order dated 08.09.2022 and the email dated 22.09.2022, have filed the present writ petition raising various grounds.
19. Learned counsel for the petitioners have made following submissions before this Court:—
1. The impugned orders are illegal and arbitrary as from 18.11.2021 till 14.07.2022, the NMC had not issued any order of approved hospitals or Institutions which were recognized for the purpose of CRMI under the NMC (CRMI) Regulations, 2021 as well as NMC (FMGL) Regulations, 2021.
2. The impugned orders are illegal and arbitrary and the NMC (CRMI) Regulations, 2021 are not applicable on the candidates who obtained their graduation degree prior to issuance of Notification dated 18.11.2021 as they were undergoing their graduation course prior to 18.11.2021 and as such the petitioners were required to be governed by the MCI Screening Test Regulations, 2002 as they fulfill the eligibility requirement for taking admission in Under-graduate Medical Course in a Foreign Medical Institution Regulations, 2002.
3. The impugned public notice dated 21.09.2022 is illegal as the same has failed to consider the effect of transitory period provided under the NMI Act, 2019 read with NMC (CRMI) Regulations, 2021.
4. The impugned public notice is arbitrary as the NMC (CRMI) Regulations, 2021 and NMC (FRMI) Regulations, 2021 were applicable only upon such FMG candidates, who were admitted in foreign medical institutions after issuance of Notification dated 18.11.2021 and the petitioners since were rightly allotted non-teaching institutions/medical colleges for the institutions for the purpose of internship, duly approved by the MCI, and as such the petitioners have illegally been discontinued.
5. The impugned notices stopping the internship of the petitioners has wasted the time already spent by them in undergoing internship prior to 14.07.2022 and as such the career of the petitioners cannot be jeopardised by the respondents by their illegal action.
6. The action of the respondents in discontinuing the petitioners even without giving them a show cause notice is violative of principles of natural justice and the Authorities cannot be permitted to act arbitrarily without following the due process of law and fair play.
7. The Rajasthan Medical Council since itself was not aware about the list of approved institutions/hospitals and if they had issued email dated 11.01.2022 informing a similarly situated candidate about approved institution, the lapse on the part of RMC should not result into depriving the petitioners to continue their internship with the allotted college.
8. Learned counsel, in the alternative, argued that if the action of the respondents in issuing impugned orders is justified by this Court, at least suitable direction may be given to adjust/treat the period spent by the petitioners while undergoing their internship and for the remaining period, the respondents may be directed to grant them admission in the approved institutions, enabling the petitioners to complete their internship.
20. The respondents-NMC has filed reply/affidavit. The respondent-NMC has specifically pleaded that the Regulations, so framed by them, were to come in operation from the date of publication of regulations in Official Gazette of India i.e. 18.11.2021 and all the petitioners admittedly completed their primary/under-graduate medical course from the foreign medical Institutions and they have chosen to complete the internship in India after 18.11.2021 and as such clause 2(c) of Schedule-II, will be applicable to the petitioners being foreign medical graduates and as such they were required to complete the period of one year of CRMI only in the hospitals attached to medical colleges as approved for Indian Medical Graduates for the purpose of same one year of CRMI.
21. The respondents have pleaded that the candidates similar to the petitioners i.e. Foreign Medical Graduates, who acquired primary/graduate medical qualification from the foreign medical institution or pursuing primary/graduate medical course from foreign medical institution prior to 18.11.2021 could complete their internship either in foreign medical Institution or in India, however, if any candidate choose to complete the internship in India after 18.11.2021, the same was to be in hospital attached to a medical college, which is approved for internship for IMGs.
22. The respondents have pleaded that after coming into force of NMC (CRMI) Regulations, 2021 on 18.11.2021, the circular dated 04.03.2022 was issued for providing clarification to the various State Medical Councils and the Frequently Asked Questions (FAQs) dated 05.05.2022 were also issued, which made it clear that the statutory/CRMI Regulations, 2021 were applicable to all medical graduates who begin their internship on/after the date of publication in the Official Gazette of India i.e. 18.11.2021.
23. The respondents have further pleaded that list of medical college/Institutions in the entire country as recognized and approved by them to provide CRMI to Indian students as well as foreign medical graduates under NMC (CRMI) Regulation, 2021 was always available on the website maintained by the respondent-NMC even prior to the date on which the NMC (CRMI) Regulations, 2021 had been published in the Official Gazette on 18.11.2021.
24. The respondents have pleaded that the petitioners were aware about the regulations of 2021, circular dated 04.03.2022 and the FAQs dated 05.05.2022 issued in that regard and ignorance of law cannot be a ground to substantiate the illegality committed by the petitioners.
25. The respondents have pleaded that the letter dated 14.07.2022, was only a clarification to the concerned State Medical Council for allotting institution to the foreign medical graduates who had qualified the screening test, conducted by the National Board of Examination for the purpose of commencing internship in India.
26. The respondents have pleaded that a candidate after appearing in FMG/Screening Test gets an eligibility certificate and accordingly, he can apply for a provisional registration to function as an intern, where a candidate undergoes a clinical training, under various Medical Departments, to acquire hands on experience in patient care unit including various techniques/procedures and since an intern is working in a hospital as per the provisional registration granted by the NMC and only after completing the internship, a candidate is granted permanent registration.
27. The respondents have further pleaded that the prayer made in the petition is for grant of registration by the respondent No. 2-RMC and as such the petitioners are aware that they cannot function either as intern/Doctor without grant of registration and if the petitioners are practicing as an intern without being registered under any State Medical Councils, the same would be in contravention of Section 34(1) of the NMC Act, 2019, which prohibits the petitioners to practice as a registered medical practitioner.
28. The respondents have pleaded that the NMC (CRMI) Regulation, 2021 under Schedule III categorically provides a tabular chart, wherein time distribution for posting under various Departments in a hospital attached to a medical college has been provided for the purpose of conducting rotating medical internship from which a candidate has to join, where Rotating Medical Internship can be available for him in a Medical College and the same is not generally available/functional in standalone Government and private hospitals and in order to achieve the objectives of the Regulations and to ensure highest standard of medical education, it is required that a candidate must undergo CRMI in hospital attached to medical college where all such Departments are functional and operative.
29. The respondents-RMC as well as private respondent have also filed their reply to the writ petition.
30. The petitioners have filed rejoinder to the reply filed by the respondent No. 1 - NMC and they have placed on record public notice issued by the Delhi Medical Counsel and Haryana Medical Council dated 30.09.2022 and 06.10.2022 respectively.
31. Learned counsel for the petitioners have pleaded that Delhi Medical Council permitted all the Foreign Medical Graduates, who were undergoing internship in the institutions/hospitals recognized by erstwhile MCI for seeking their registration with Delhi Medical Council on completion of their compulsory internship.
32. Learned counsel further submitted that the Haryana Medical Council while issuing public notice dated 06.10.2022, provided that the candidates, if have done their internship in any institute/college not recognized by the MCI, for remainder period, they will be shifted in the medical college/institutions approved by the NMC.
33. I have considered the submissions made by learned counsel for the parties and scanned the matter carefully.
34. Before proceeding further in the matter, it would be appropriate to quote relevant NMC (CRMI) Regulations, 2021 for ready reference:
“NATIONAL MEDICAL COMMISSION
NOTIFICATION
New Delhi, the 18th November, 2021
No. UGMEB/NMC/Rule & Regulation/2021/- in exercise of the powers conferred by section 57 read with sub-section (1) of section 24 of the National Medical Commission Act, 2019 (30 of 2019), the National Medical Commission hereby makes the following regulation namely:—
2. Definitions - (1) In these regulation, unless the context otherwise requires,-
(c) “Curriculum” includes the elements detailed in Schedule III;
(e) “Intern” means a medical graduate undergoing compulsory rotating internship training under these regulations;
(h) “Notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly;
(I) “Primary medical Qualification” means a medical graduation degree, such as, Bachelor of Medicine and bachelor of Surgery (MBBS) conferred in India or an equivalent qualification of any country other than India or an erstwhile licentiate qualification of India granted under the India Medical Council Act, 1956 (102 of 1956), which are in force as on the date of commencement of the Act that continues to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provision of the Act or the rules or regulation made thereunder;
3. Internship to be an integral part of undergraduate medical education - Without prejudice to the provisions of there regulation, compulsory rotating medical internship shall be an integral part of undergraduate medical education degree.
4. Bar on license to permanent registration-No medical graduate shall be eligible to permanent registration to practice medicine in India unless he undergoes the compulsory rotating medical internship in India as provided in Schedule II.
5. Duration and Period of Internship - The overall duration of compulsory rotating medical internship shall not be less than twelve months and institutions or hospitals from where it may be undergone shall be such as specified in Schedule I and shall be completed within a period of two years from the date of qualifying credentials to pursue compulsory rotating medical internship.
6. Quality of Internship - No medical graduate shall be considered to have undergone compulsory rotating medical internship Unless-
SCHEDULE-II
(See Regulation 4)
ELIGIBILITY CRITERIA FOR COMPLETION OF CRMI
The Following requirements need to be fulfilled to be eligible for CRMI.
1. Indian Medical Graduates
2. Foreign Medical Graduates
(a) All Foreign Medical Graduates, as regulated by the national Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021, are required to undergo internship at par with Indian Medical Graduates if they desire to seek Permanent Registration to practice Medicine in India.
(I) All Foreign Medical Graduates, unless otherwise notified shall be required to undergo CRMI at par with Indian Medical Graduates after the National Exit Test Step-1 NEXT becomes operational.
(b) Indian citizens including overseas Indian citizens) who are Foreign Medical Graduates who do not fall under the purview of the national Medical commission (Foreign Medical Graduate Licentiate) Regulations, 2021 Shall be regulated by the provisions of sub-section (3) of section 13 of the Indian Medical council Act, 1956 (102 of 1956) in accordance with the Advisory no MCI-203(1) (Gen)/2020-Regn./118239, dated the 2 September, 2020 and shall be required to complete CRMI in India if they have not undergone such practical training after obtaining such qualification as may be required by the rules and regulations in force in the country granting such qualification or has not undergone any practical training in the country.
(C) Foreign Medical Graduates who require to complete a period of internship shall do so only in medical colleges or institutions approved for providing CRMI to Indian Medical Graduates;”
NATIONAL MEDICAL COMMISSION
NOTIFICATION
New Delhi, the 18th November, 2021
No. UGMEB/NMC/Rule & Regulation/2021/- in exercise of the powers conferred by section 57 read with sub-section (4) of section 15 of the National Medical Commission Act, 2019 (30 of 2019), the National Medical Commission hereby makes the following regulation namely:—
1. Short title and commencement- (1) These Regulations may be called the National Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021.
2. Definition-In these regulation, unless the context otherwise requires,-
(c) “Foreign Medical Graduate” means a person who does not have basic graduation or primary qualification (undergraduate medical degree) from any University or medical collage or institution in India, to seek license for medical practice in India.
4. Grant of permanent registration for Foreign Medical Graduate-No foreign medical graduate shall be granted permanent registration, unless he has-
(a) (i) undergone a course leading to foreign medical degree with minimum duration of fifty-four months;
(ii) Undergone an internship for a minimum duration of twelve months in the same foreign medical institution;
(iii) Received a foreign medical degree with medium of instructions in English; and
(iv) studied the mandatory subjects specified in the Schedule-I;
(b) registered with the respective professional regulatory body or otherwise, competent to grant license to practice medicine in their respective jurisdiction of the country in which the medical degree is awarded and at par with the license to practice medicine given to citizen of that country.
(c) Undergone supervised internship in India for a minimum term of twelve months, after applying for the same to the Commission; and
(d) has cleared the National Exit Test or such other mandated test or tests conducted by the Commission.
5. Applicability of these Regulation - (1) Notwithstanding anything contained in regulation 4, these regulations shall not be applicable-
(a) To foreign medical graduates who have acquired a foreign medical degree or primary qualification, as the case may be, prior to the coming into force of these regulations;
(b) to candidates who are pursuing their education in foreign institutions prior to the coming into force of these regulations; and
(c) to such foreign medical graduates who are specifically exempted by the Commission or the Central Government, as the case may be, by notification.
(2) The foreign medical graduates who have acquired a foreign medical degree or primary qualification, as the case may be, and the candidates who are pursuing their education in foreign institutions, prior to the coming into force of these regulations, shall be governed by the erstwhile applicable regulations.
(3) Notwithstanding anything contained in these regulations, no grant of permanent registration to practice license shall be issued if the same infringes upon public policy or national security.
35. The first and foremost issue to be considered by this Court is applicability of NMC (CRMI) Regulations, 2021 on the petitioners.
36. This Court finds that definitions of Foreign Medical Graduate has been assigned the meaning, as given in clause (c) of Regulation 2 of NMC (FMGL) Regulations, 2021.
37. This Court finds that Section 4 of the Regulations provides that no medical graduate will be eligible to permanent registration to practice medicine in India unless he undergoes compulsory rotating medical internship in India, as provided in Schedule II.
38. Schedule II of Regulation 4 of the NMC (FMGL) Regulations, 2021 provides for compulsory rotating medical internship to IMG as well as to FMG.
39. This Court finds that the petitioners are not Indian Medical Graduates, as they are FMG.
40. This Court finds that the FMG, as defined in Regulation 2(c) of NMC (FMGL) Regulations, 2021 means a person, who does not have basic graduation or primary qualification (undergraduate medical degree) from any University or medical college or Institution in India, to seek license for medical practice in India. As per Schedule II of NMC (CRMI) Regulations, 2021, all the FMG, as regulated by NMC (FMGL) Regulations, 2021, are required to undergo internship at par with IMG, if they desire to seek permanent registration to practice in India.
41. This Court finds that clause (b) of Schedule II of Regulation 4 of the NMC (CRMI) Regulations, 2021 provides that Indian citizen, who are FMG, who do not fall under the purview of the NMC (FMGL) Regulations, 2021, are to be regulated by the provisions of sub-section (3) of Section 13 of the Act of 1956 in accordance with the Advisory of MCI dated 02.09.2020 and they shall be required to complete CRMI in India, if they have not undergone such practical training after obtaining such qualification, as may be required, as per the Rules and Regulations in force in the country granting such qualification or has not undergone any practical training in that country.
42. A bare reading of the said provision would reveal that the petitioners cannot fall in the exception, which has been carved out in clause (b) of the said Schedule and Regulation and requirement to complete a period of internship for the petitioners - FMG will be fulfilled only when they do the internship in medical colleges/institutions approved for providing CRMI to IMG.
43. The submission of learned counsel for the petitioners that internship of the petitioners will be regulated by the provisions of erstwhile Regulations, framed by MCI as per the MCI Act cannot be accepted and the petitioners are required to be treated as FMG.
44. This Court further finds that the NMC (FMGL) Regulations, 2021 specifically provides in Regulation 4 that no medical graduate will be granted permanent registration unless he has undergone supervised internship in India for the minimum period of 12 months, and he has cleared the National Exit Test, conducted by the Com mission.
45. This Court further finds that the exclusion of applicability of the NMC (FMGL) Regulations, 2021 is only in respect of those candidates - FMGs, who have already acquired a foreign medical degree or primary qualification, prior to coming into force of the Regulations or further, the candidates, who were pursuing their education in foreign medical institutions prior to coming into force of the Regulations and such candidates were to be governed by the erstwhile applicable Regulation.
46. This Court finds that the petitioners cannot be treated to have acquired a foreign medical degree, as they have not undergone internship in the country from where they have passed their graduation course and further as they have pursued their education in foreign medical institution, except internship, and by virtue of introduction of NMC (CRMI) Regulations, 2021, now all the candidates, either IMG or FMG, are required to do compulsory rotating medical internship, as per the Regulations, which have been statutorily framed by the respondents.
47. The next issue is with regard to applicability of the NMC (CRMI) Regulations 2021 and whether the said Regulations have come into force w.e.f. 18.11.2021 i.e. from the date of publication in the Gazette Notification or the same should be treated to be effective after issuance of clarification letter dated 14.07.2022, issued by the National Medical Commission, this Court finds that Regulations of 2021 were introduced by way of gazette notification dated 18.11.2021 and once, the Regulations were published in the Official Gazette i.e. the Gazette of India: Extra Ordinary, there remains no doubt about applicability of the said gazette notification and immediately upon publication of gazette notification, the Regulations have come into force.
48. This Court does not find any substance in the submission of learned counsel for the petitioners that the Regulations, so farmed by National Medical Commission, was brought into public domain for first time after issuance of the letter by National Medical Commission on 14.07.2022 and as such, the compulsory internship, permitted to the petitioners by the Rajasthan Medical Council, will govern their cases and not the Regulations of 2021.
49. The submission of learned counsel for the petitioners that no specific affidavit has been filed by the respondents to place on record any material of uploading list of such institutions on official website and as such, this Court is required to presume that the Regulations of 2021, were not available to the candidates as well as to the general public, suffice it so say by this Court if the letter dated 14.07.2022 has been issued by the National Medical Council, the same would not mean that the Regulations, which were already introduced by way of gazette notification, were not to apply.
50. This Court also finds in the present facts of the case that the respondent Rajasthan Medical Council had not granted any permission to the petitioners to do their internship at SDMH and the petitioners, on their own choice, joined the said hospital for undergoing the course and as such, the same cannot have a seal of approval from this Court.
51. The submission of learned counsel for the petitioners that the other medical councils, i.e. Delhi Medical Council and Haryana Medical Council, have also taken certain decisions in respect of permitting the candidates to complete their internship without undergoing such internship in the institutions approved by the MCI, this Court finds that if the other State Councils have taken decision in violation of mandatory requirements, as put forward by the NMC, the same cannot have a seal of approval from this Court. There cannot be any equality in illegality. If any wrong has been committed by any of the Councils in the other States, the same cannot be a precedent to be followed by the authorities in the State of Rajasthan as well.
52. The submission of learned counsel for the petitioners that the NMC has issued a clarificatory circular on 04.03.2022 and frequently asked questions also did not clarify the situation, this Court finds no substance in the said submission, as the NMC Regulations, as notified in Gazette on 28.07.2022, were to apply to Indian/Foreign Medical Graduates and internship was to be done from a medical college or institution, approved or recognized by the Commission and registered by the NMC UG Medical Board under the provisions of Section 35 of the NMC Act of 2021.
53. The submission of learned counsel for the petitioners that the petitioners, being not at fault on account of list of SDMH as approved hospital, was informed by the Rajasthan Medical Council and the petitioners were led to believe to do internship and as such, at least, the period spent by them, can be set-off/adjusted by permitting the petitioners to complete their remainder period, this Court finds that if the petitioners on their own peril have started doing their internship without verifying from the competent authority, i.e. NMC, no premium can be put on their such action.
54. This Court further finds that the outer limit for doing internship to the candidates is of two years and since the petitioners have passed their under graduate medical course in 2021 and as such, there is still time left to complete their rotating internship, as per the requirement of Regulations of 2021.
55. This Court finds that the Writ Petition No. 3667/2022 Annex. R/10 with affidavit of NMC was filed before Madras High Court praying for questioning the Regulations 4(i), (ii), (ivb) and (ivc) of the NMC (FMGL) Regulations, 2021 and writ petition 36670/2022 was filed to declare the Regulations in Schedule II, II A and II (i) of NMC (CRMI) Regulations, 2021 to be illegal and arbitrary.
56. These two petitions came to be dismissed by the Division Bench of Madras High Court and the said order was put to challenge before the Apex Court in the case of Aravinth R.A. v. the Secretary to the Government of India Ministry of Health and Family Welfare (Civil Appeal Nos. 3585-3586/2022) and the said SLP came to be dismissed by the Apex Court dated 02.05.2022.
57. This Court finds that the petitions filed by the petitioners lacks merit and the same are dismissed, accordingly.
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