Rajasthan High Court - Jaipur
Somya Saxena D/O Alok Saxena vs National Medical Commission on 18 October, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.13465/2022
Somya Saxena D/o Alok Saxena, Aged About 25 Years, Resident
of B-212, Vaishali Nagar, Jaipur, Rajasthan.
----Petitioner
Versus
1. National Medical Commission, Through Chairman, Pocket-
14, Sector- 8, Dwarka Phase-1, New Delhi-110077.
2. SMS Medical College, through its Principal, JLN Marg,
Jaipur.
3. Sri Devaraj URS Medical College, through its Principal,
Tamaka, Kolar, Karnataka 563101.
----Respondents
For Petitioner(s) : Mr.Abhimanyu Singh Yaduvanshi, Adv.
For Respondent(s) : Mr.Angad Mirdha, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
18/10/2022
This writ petition has been filed by the petitioner for
seeking a direction to allow her to complete her MBBS internship
from any medical institute in Jaipur and prays that National
Medical Commission Compulsory Rotating Internship Regulations,
2021 may not be made applicable to the petitioner for the purpose
of completing her internship after passing of final examination of
MBBS.
The facts in brief as pleaded in the writ petition are:-
(a) The petitioner appeared in NEET UG 2016
Examination, having secured the requisite merit and rank and
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thereafter, got admission in Sri Devaraj Urs Medical College, Kolar,
Karnataka.
(b) The petitioner completed her final year of MBBS
Course and on completion of her MBBS Course, the petitioner was
required to undergo one year compulsory rotating internship and
as per Graduate Medical Regulations, 1997, the students can
complete their Compulsory Internship of one year at any
recognized medical college and hospital in India.
(c) The petitioner has pleaded in the writ petition that
after admission in the College for MBBS Course, she was
diagnosed with Idiopathic Thrombocytopenic Purpura in May, 2019
and the petitioner started undergoing treatment in the same
College where she was pursuing her MBBS Course. The petitioner
has pleaded that her medical condition deteriorated and as such,
her platelets counts dropped down to 10,000 while the Normal
Range is 1.5 Lakh to 4.5 Lakh and she also developed increase in
bleeding tendencies when she stayed at Kolar and as such, the
petitioner had to receive prolonged immunosuppressive therapy
i.e. physical as well as psychological adverse effects and at several
times, multiple single donor platelets transfusions, was also done
after hospitalization of the petitioner.
(d) The petitioner has pleaded that after National
Medical Commission Act, 2019 was enacted, the Medical Council of
India was replaced by 'National Medical Commission' and the
newly constituted body i.e. National Medical Commission has
framed Compulsory Rotating Internship Regulations, 2021
(hereafter 'the CRI Regulations') for regulating the internships.
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(e) The petitioner has pleaded that a request was
made by her before the Authorities by sending an E-mail on
05.01.2022, wherein the petitioner through her father made a
request that she was suffering from serious ailment and as such,
after consulting to the various Doctors, it was advised that the
petitioner was required to stay at Jaipur for undergoing her
treatment and further on account of College of the petitioner being
situated at Kolar, she was developing complications in her ailment
and as such, the petitioner who was to pursue her medical career
was required to complete her CRMI from any institute in Jaipur.
(f) The petitioner has pleaded that her request was
turned down by the respondents by issuing impugned order dated
11.01.2022. The said impugned order dated 11.01.2022, makes a
reference of Section 1(c) of Schedule-II i.e. Eligibility criteria for
completion of CRMI under the heading "Indian Medical Graduates"
in the National Medical Commission (Compulsory Rotating Medical
Internship) Regulations, 2021 and All Indian Medical Graduates
are required to complete their entire period of compulsory rotating
internship training (CRMI) in the Institution, where they have
pursued and completed their Bachelor of Medicine and Bachelor of
Surgery (MBBS).
(g) The petitioner has pleaded in her writ petition that
after receipt of order dated 11.01.2022, she again sent her
request to the respondents by way of E-mail, however, the
respondents did not take any action on the requests made by the
petitioner and as such, she has been constrained to file the
present writ petition.
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Learned counsel for the petitioner Mr.Abhimanyu Singh
Yaduvanshi has made following submissions :-
1. Section 49 of the National Medical Commission Act, 2019
(hereinafter read as 'the Act of 2019) provides that the student
who was studying for a degree course in any medical institution
before commencement of the Act of 2019, shall continue to so
study and complete his course for such degree in accordance with
the syllabus and studies as existed before such commencement of
the Act and as such, student is deemed to have completed his
course of study under the new Act i.e. the Act of 2019 and
accordingly will be awarded degree under the new Act of 2019.
2. Learned counsel submitted that Section 49 contains a non
obstante clause and since the petitioner was already studying in a
degree course i.e. MBBS and course of study included internship
and as such, the respondents have acted arbitrarily in making
reference of the Regulations of 2021.
3. The Regulations of 2021 have been framed by virtue of
power conferred by Section 57 of the National Medical Commission
Act, 2019 and such regulation if runs contrary to Section 49 of the
Act, the provisions of Act will prevail over the regulations and
requirement of completing compulsory rotating internship from
the same Institution, should either be declared bad or such
condition should be read down by this Court.
4. The medical condition of the petitioner does not allow to
pursue MBBS Course from the College, where she was admitted in
2016 and if the petitioner is forced to go to the same College,
during the study period before completion of her internship, then
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her right to pursue the MBBS Course will be curtailed by the
respondents on baseless grounds.
5. Learned counsel submitted that the erstwhile regulations
permitted completion of internship at different College, from
medical institute where a person had pursued the MBBS Course
and accordingly SMS Medical College had also reserved 50% seats
in the internship, for such candidates passing their MBBS Course
from other States.
6. Learned counsel submitted that the past practice was
meant to meet the exigencies, where a candidate who completed
the internship in Home State and the same curriculum, training
period followed by the College situated in the State of Rajasthan
and no prejudice was caused on account of passing internship
from any College in Jaipur in the State of Rajasthan.
7. Learned counsel for the petitioner submitted that there
is an apparent discrimination between the students who are
studying MBBS Course in India and the Foreign Students who are
acquiring their qualification of MBBS Course from outside of India,
as later, are exempted from doing their compulsory rotating
internship, whereas, the petitioner is asked to do his internship
from the same College.
Learned counsel appearing for the respondent-National
Medical Commission Mr.Angad Mirdha submitted that the writ
petition filed by the petitioner is devoid of any merit and on the
ground of delay and laches, the writ petition itself may not be
entertained by this Court.
Learned counsel for the respondent submitted that the
petitioner had approached the respondent on 05.01.2022 and her
representation was rejected by them on 11.01.2022 and she has
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approached this Court by filing the present writ petition in the
Month of September, 2022.
Learned counsel submitted that the petitioner has also
appeared in MBBS Final Examination in the Month of February,
2022 and she waited for considerable time to approach this Court
and if the petitioner had any grievance, she ought to have
approached the Court of law immediately after issuance of
impugned order.
Learned counsel, on the merits of the matter, submitted
that the regulations which have been framed by the Commission
are absolutely in consonance with the object for which the
National Medical Commission Act, was promulgated.
Learned counsel submitted that the right which is
claimed by the petitioner as per Section 49 of the Act of 2019, is
not attracted in the present case.
Learned counsel submitted that the internship is a part
of the complete curriculum of MBBS course having duration of five
and a half year. Learned counsel submitted that the petitioner had
already completed her academic course of MBBS of four and a half
year and requirement of internship cannot be said to be still
studying in the course, as has been canvassed before this Court
by interpreting Section 49 of the Act.
Learned counsel for the NMC Mr.Angad Mirdha
submitted that the Regulations of 2021 have been made
applicable to the MBBS Course and as per Schedule-II, the
eligibility criteria for completion of internship has been provided in
sub-Clause (iii)(c), where All India Medical Graduates are required
to complete their entire period of compulsory rotating internship in
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the Institution where they have pursued and completed their
Bachelor of Medicine and Bachelor of Surgery (MBBS).
Learned counsel submitted that the very purpose of
introducing the Regulations of 2021, was to ensure that all the
candidates who were doing their MBBS Course, were required to
complete their period of compulsory rotating internship and as
such, the complete curriculum has been provided for completing
the internship by allotting different subjects for different duration.
Learned counsel submitted that the past experience of
the Authorities is that candidates after appearing in MBBS Final
Examination were not undertaking the internship period with full
dedication and sincerity and in fact, the candidates were also
trying to prepare for their Post Graduate career and as such, the
internship was given a back seat by all these candidates and as
such, now by virtue of Regulations of 2021, all the MBBS
Candidates will be required to pursue and complete their
compulsory rotating internship training.
Learned counsel for the respondent-NMC submitted
that the Schedule-II of the Regulations of 2021 was put to
challenge before the Madras High Court in the case of Aravinth
R.A. Vs. The Secretary to the Government of India & Ors. in
Writ Petition Nos.3667 and 3670 of 2022 and the Madras
High Court has dismissed those petitions after imposing cost on
the petitioners therein.
Learned counsel submitted that the said judgment of
the Madras High Court was challenged before the Apex Court and
the Apex Court in the case of Aravinth R.A. Vs. Secretary to
the Government of India Ministry of Health and Family
Welfare and Others in Civil Appeal Nos.3585-3586/2022
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decided on 02.05.2022, has discussed the relevant provisions of
Regulations and after considering the importance of the provisions
contained in the regulations, the said provisions have been
upheld.
Learned counsel submitted that the provisions
contained in National Medical Commission (Foreign Medical
Graduate Licentiate) Regulations, 2021 and the present National
Medical Commission (Compulsory Rotating Medical Internship),
Regulations, 2021 are having the similar provisions and as such,
judgment passed by the Apex Court does not leave any room of
doubt that the Authorities does have power to introduce such
regulations.
Learned counsel for the respondent further submitted
that after issuance of Regulations of 2021, several queries were
raised by the different Authorities and the candidates, and the
Authorities while answering the Frequently Asked Questions
(FAQs), have made it very clear that the CRMI Regulations, 2021
have come into force with effect from 18 th November, 2021 and
internships for Indian/Foreign Medical Graduates can only be done
from a Medical College or Institution approved/recognised by the
Commission and listed by the Undergraduate Medical Education
Board under the provisions of Section 35 of the Act.
Learned counsel submitted that any intern who has to
complete internship, is not even allowed for any transfer during
the internship period and as such, counsel refers to answer of
Question No.10 of the said FAQs, wherein it has been clarified that
All Indian Medical Graduates shall complete their entire period of
compulsory rotating internship training (CRMI) in the institution,
where they have pursued and completed their Bachelor of
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Medicine and Bachelor of Surgery [Regulation 1 (c) of Schedule-
II].
Learned counsel submitted that after challenge being
unsuccessful in the Apex Court, certain candidates again filed the
petition before the Delhi High Court and the Court, in the case of
Likhitha Yanmandala Vs. National Medical Commission &
Anr. in W.P. (C) No.87/2022 and other connected writ
petitions, has dismissed the petitions and have found that the
National Medical College (Foreign Medical Graduate Licentiate)
Regulations, 2021 are valid and no illegality can be attached to
these regulations.
Learned counsel for the respondent submitted that the
petitioner who has pursued the course after admission in the
College at Kolar in Karnataka for almost four and a half year, has
now turned around and want to complete her internship from
Jaipur and if the petitioner survived for a period of four and a half
year, it is unimaginable that the petitioner would not be treated in
the same Government Medical College, where she has already
completed her MBBS Course.
Learned counsel submitted that the disease which the
petitioner is allegedly suffering from, is not such a disease which
can only be treated at Jaipur and cannot be treated at any other
place including the place where she was studying.
Learned counsel for the respondent submitted that the
importance of internship cannot be lost sight of only on account of
lame excuses put forward by the candidates by taking a plea of
medical treatment and ailment and if such kind of permission is
granted by this Court, then it will be impossible for the Authorities
to ensure that candidates who have completed their MBBS Course
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by passing the academic examination, also do compulsory rotating
medical internship.
I have heard the submissions made by learned counsel
for the parties and perused the material available on record.
The extract of the Act, relevant to decide the present
controversy is reproduced, as follows:-
Section 49. (1) Notwithstanding anything
contained in this Act, any student who was
studying for a degree, diploma or certificate in
any medical institution immediately before the
commencement of this Act shall continue to so
study and complete his course for such degree,
diploma or certificate, and such institution shall
continue to provide instructions and
examination for such student in accordance
with the syllabus and studies as existed before
such commencement, and such student shall
be deemed to have completed his course of
study under this Act and shall be awarded
degree, diploma or certificate under this Act.
Schedule-II
1. Indian Medical Graduates
(a) The applicant should have successfully
completed the MBBS Course of any University
from a College or Institution approved and
recognised by the Commission and listed by
the Undergraduate Medical Education Board
under the provisions of Section 35 of the Act.
(b) xx xx xx xx
(c) All Indian Medical Graduates shall complete
their entire period of compulsory rotating
internship training (CRMI) in the institution
where they have pursued and completed their
Bachelor of Medicine and Bachelor of Surgery
(MBBS).
This Court, on perusal of the provisions contained in the
Regulations of 2021, finds that Regulation (3) provides that
Compulsory Rotating Medical Internship shall be an integral part of
undergraduate medical education degree.
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Regulation 4 provides that no medical medical graduate
shall be eligible to permanent registration to practice medicine in
India unless he undergoes the compulsory rotating internship in
India as provided in Schedule-II.
Regulation 5 provides that 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 1 and shall be
completed within a period of two years from the date of qualifying
credentials to pursue compulsory rotating medical internship.
Regulation 6 further provides for quality of internship
and as per sub-Clause (a) all the essential (practical) aspects of
medicine in the areas specified in the Schedule III and IV are
completed during the internship: and (b) the entire course of
internship is done under active supervision of the mentor duly
qualified in that respect, and the mentor has duly issued
certificate in that respect, as per the proforma provided in
Schedule IV.
This Court finds that in Schedule II, as per Regulation
4, certain requirements need to be fulfilled to be eligible for CRMI
for Indian Medical Graduates, wherein it has been provided that
they will have to complete the MBBS Course of any University
from a College or institution approved and recognized by the
Commission and listed by the Undergraduate Medical Education
Board under the provisions of Section 35 of the Act.
The provision contained in Clause 1(c) of Schedule-II
provides that All Indian Medical Graduates should complete their
entire period of compulsory rotating internship training (CRMI) in
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the institution where they have pursued and completed their
Bachelor of Medicine and Bachelor of Surgery (MBBS).
This Court, considering the facts of the case, which
have come on record, finds that the petitioner has done her MBBS
Course from a College situated in Karnataka and now she wants to
avail the facility of completing her internship from the College,
which is not situated in Karnataka but in Rajasthan (Home State).
The very purpose of providing compulsory rotating
internship from the same College, will be frustrated, if the
candidates will be allowed to complete their rotating internship
from any other medical institute.
This Court finds that the notification dated 18.11.2021,
had made it clear that any candidate who has to complete the
internship, has to go to the same College or institution from which
he or she has pursued MBBS Course. There is no provision or any
window left open for any candidate to now complete internship
from any other institution and accordingly, the Authorities
considering the provisions of the Regulations, rejected the
candidature of the petitioner, while passing the impugned order
dated 11.01.2022.
The submission of learned counsel for the petitioner
that the regulations which have been framed by the Commission, are in fact, not in consonance with the main provisions of the Act and as such, Section 49 of the Act of 2019 protected the career of those students, who were pursuing their MBBS Course, as per old regulations and now by virtue of making the regulations applicable with effect from 18.11.2021, the candidates like petitioner have been deprived to complete their course, suffice it to say by this Court that as far as Section 49 of the Act is concerned, the same (Downloaded on 21/10/2022 at 09:48:03 PM) (13 of 14) [CW-13465/2022] provides for the situation where students who are already undergoing the degree course before commencement of the Act of 2019 and shall continue to do so, study and syllabus has been protected by virtue of having saving clause as provided in Section
49. The interpretation placed by counsel for the petitioner regarding Section 49 that the petitioner since has completed the MBBS Course and passing the internship from the same medical institute will not be a part of said course, cannot be accepted by this Court.
This Court finds that any candidate who has already joined the internship prior to 18.11.2021, only such candidates can claim that they will not be bound by the regulations, which have been made by the respondents.
This Court further finds that the Madras High Court though was considering the National Medical Commission (Foreign Medical Graduate Licentiate) Regulation, 2021, however, the regulations which were put to challenge were in respect of Foreign Students, who have done their MBBS Course from other Colleges in different parts of the World, however, they were asked to do their internship in India by virtue of regulations framed by the National Medical Commission. The Apex Court has upheld those regulations and found that candidates are required to undergo their compulsory rotating internship in India as per the regulations framed by the Commission.
This Court finds that the medical grounds which have been taken by the petitioner to permit her to pursue internship in any medical college at Jaipur, result into a situation where the Regulations of 2021 do not provide any window to any candidate (Downloaded on 21/10/2022 at 09:48:03 PM) (14 of 14) [CW-13465/2022] for pursuing the course in any College, except the College where they have passed the MBBS Course and as such, grant of such prayer will be in contravention of provisions contained in Regulations of 2021.
This Court further finds that the petitioner has already pursued her MBBS Course for four and a half year from the College situated in Karnataka, it is highly improbable that the petitioner cannot complete the internship from the very same College.
It goes without saying that ailment of the petitioner needs to be cured and if proper facilities are available at any medical College or Hospital, the same can always be availed by her.
This Court finds no force in the present writ petition and the petition being devoid of merits, stands dismissed.
(ASHOK KUMAR GAUR), J Himanshu Soni/2 (Downloaded on 21/10/2022 at 09:48:03 PM) Powered by TCPDF (www.tcpdf.org)