Delhi HC Clarifies Eligibility Certificate To Attempt FMGE Screening Test Cannot Be Obtained After Graduating from Abroad

Ankita Garkoti Senior Content Writer

Senior Content Writer

Delhi HC ruled that candidates who graduate from foreign medical institutions must obtain their eligibility certificate to appear at FMGE before their graduation.

FMGE 2024

New Delhi: In its recent judgment, the Delhi High Court stated that the eligibility certificates for the FMGE must be obtained before admission to foreign medical institutions. This decision emphasizes adherence to existing regulations and suggests potential legislative reforms to deal with evolving educational pathways for medical students.

Background of the Case

The Delhi High Court examined the case of a petitioner who sought to appear in the Foreign Medical Graduate Examination (FMGE) but faced challenges due to the timing of obtaining her eligibility certificate.

Having completed her Doctor of Medicine (MD) degree in the Philippines, the petitioner found her application for an eligibility certificate rejected by the National Medical Commission (NMC). The authorities stated that such a certificate is to be obtained before admission to a foreign medical institution, not after graduation.

Legal Framework and Court’s Observations

Section 13 of the Indian Medical Council Act, 1956

Justice C Hari Shankar noted that Section 13(4B) of the Indian Medical Council Act (IMC Act) stipulates that Indian citizens must secure an eligibility certificate from the Medical Council of India (MCI) before enrolling in a foreign medical institution. This provision aims to ensure that qualifications obtained abroad are recognized in India.

Regulation 4(2) of the Screening Test Regulations

The court highlighted that Regulation 4(2) of the Screening Test Regulations also mandates obtaining the eligibility certificate before joining a foreign medical course. This regulation explicitly prevents issuing such certificates post-admission, ensuring compliance with pre-admission requirements.

Arguments Presented

Petitioner’s Argument

The petitioner, represented by Advocate Sudhir Naagar, argued against the NMC’s rejection of her eligibility certificate application. She had completed her MD from Davao Medical School Foundation Inc. (DMSFI) and aimed to practice medicine in India, necessitating passing the FMGE.

Respondent’s Argument

Representing the respondents, CGSC Ripu Daman Bhardwaj and Advocate Tanoodbhav Singhdev contended that the petitioner’s admission to DMSFI before completing her schooling contravened NMC regulations, thus justifying the denial of her eligibility certificate.

Reliance on Supreme Court and Delhi High Court Judgments

The court referred to the landmark judgment in "In Re: Indian Doctors from Russia Welfare Association" (2002), where the Supreme Court addressed similar issues faced by graduates from the former USSR. The Supreme Court had emphasized obtaining an eligibility certificate before admission to foreign medical courses.

The Delhi High Court also cited its own decisions in "Ishan Kaul & Ors. vs Medical Council Of India & Anr." (2009) and "Rohinish Pathak vs Medical Council Of India and Anr." (2019), reiterating the requirement of pre-admission eligibility certificates for FMGE aspirants.

Conclusion and Recommendations

Final Ruling

The court concluded that the petitioner’s failure to secure an eligibility certificate before enrolling in the MD program at DMSFI rendered her ineligible to appear for the FMGE or register as a medical practitioner in India. Consequently, the writ petition was dismissed.

Suggested Legislative Reforms

The court suggested that the Executive consider amending the IMC Act or revising the Screening Test Regulations. Such amendments allow the issuance of eligibility certificates post-graduation for students who otherwise meet the necessary criteria.