Telangana High Court
N. Yuthik vs Government Of India, on 15 July, 2024
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION No.18458 of 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:
"...to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declare the action of 2nd Respondent in insisting the Petitioners to undergo Compulsory Rotating Medical Internship (CRMI) for a period of two years contrary to public notice dt.19-06-2024 issued by the 1 Respondent consequent upon various representations made by Foreign Medical Graduate students all over India and without considering the compensation letter issued by Ministry of Public Health of Ukraine, Bukovinian State Medical University Medical Faculty, Chernivist, 58002, Ukraine vide P.No: OP/12/3-481/1 Dt: 13-03-2023 issued by the University where the petitioners have passed the Graduate Medical Exam for the year 2016-2022 stating that the missed classes and practicals attended in distance learning mode were compensated appropriately when travel restrictions were lifted and the Petitioners have attended the final exams in offline mode physically and also on the analogy of the office order of Himachal Pradesh State Medical Council issued vide HFW- MND-SLBSGMC&H(Student Section)FMG Internship 2024/14993 Dt: 01.07.2024 as illegal, bad, arbitrary, Irrational, discriminatory and violation of Article 14 of the Constitution of India and consequently direct the respondents more particularly the 2nd Respondent to accept and process the applications of the Petitioners for Permanent Registration in the Telangana State Medical Council in terms of the above Public Notice, Dt: 19.06.2024, issued by the 1 Respondent, the compensation letter issued by Ministry of Public Health of Ukraine, Bukovinian State Medical University Medical Faculty, Chernivist, 58002, Ukraine vide P.No: OP/12/3-481/1 Dt: 13-03-2023 issued by the University where the petitioners have passed the Graduate Medical Exam for the year 2016-2022 and also on the analogy of office order of the Himachal Pradesh State Medical Council issued vide HFW-MND- SLBSGMC&H(Student Section)FMG Internship 2024/14993 Dt:
01.07.2024 taking one year of CRMI as eligibility instead of Two years for Permanent Registration..."
2. The case of the petitioners is that they have completed their Graduation from the Bukovinian State Medical University (for short 'BSMU'), Chernivsti, Ukraine. It is the case of the petitioners that they have also cleared the Foreign Medical Graduate (FMG) Test 2 conducted in the month of January, 2023. Due to war in Ukraine, an advisory was issued by the Government of India to evacuate Ukraine in the month of February, 2022 and the petitioners were forced to come out of Ukraine under "Operation Ganga" in emergency conditions in the month of March, 2022. It is further case of the petitioners that the Ministry of Public Health of Ukraine, Bukovinian State Medical University Medical Faculty, Chernivsti, Ukraine has also issued compensation letter vide P.No.OP/12/3-481/1 dated 13.03.2023 to the petitioners. It is further case of the petitioners that the respondent No.1-Government of India, duly taking into consideration the problems being faced by the students who prosecuted their Graduation from Ukraine and Russia and in order to facilitate them has issued a public notice dated 19.06.2024 clarifying about the Compulsory Medical Rotational Internship ('CMRI') for one year and in fact the Himachal Pradesh State Medical Council has considered the case of one of batch-mate of petitioners namely Narayan Singh, who is similarly situated as that of petitioners. However, the respondents are insisting the petitioners to undergo CMRI for a period of two years. Hence the writ petition.
3. Smt.A.Deepthi, learned counsel for the petitioners has vehemently contended that inspite of the public notice dated 19.06.2024 issued by the respondent No.1, the respondents are 3 insisting the petitioners to undergo Compulsory Medical Rotational Internship ('CMRI') for a period of two years, which is illegal and arbitrary. It is further submitted that Shri Lal Bahadur Shastri Government Medical College and Hospital (SLBSGMC & H), Mandi at Nerchowk, Himachal Pradesh, duly taking note of the problems being faced by the Students who prosecuted their Graduation from Ukraine and Russia, has issued Office Order No.HFW-MND-SLBSGMC & H(Stu.Sec.) FMG Internship/2024-14993 dated 01.07.2024, wherein it was ordered that in pursuance of the letter No.HPMC-1/07-482 dated 28.06.2024 issued by the Registrar of Himachal Pradesh State Medical Council, Shimla, and as per the decisions taken by the "Documents Scrutiny Committee (FMG)" of Internship Training of Foreign Medical Graduates Students (Session 2023-24) of the SLBSGMC & H, Mandi at Nerchowk, were permitted to undergo Internship period of one year only. It is further submitted that the candidate at Sl.No.5 in the said order i.e, Mr. Narayan Singh is one of the batch-mate of the petitioners and similarly situated to that of petitioners. Therefore, the learned counsel for the petitioners prays this Court to direct the respondents to consider the public notice dated 19.06.2024 issued by the respondent No.1, office order dated 01.07.2024 issued by the (SLBSGMC & H), Mandi at Nerchowk, Himachal Pradesh and also the compensation letter dated 4 13.03.2023 by the Bukovinian State Medical University, Ukraine and grant similar relief to the petitioners.
4. On the other hand, Ms.Poojitha, learned counsel appearing for the respondent No.1 has submitted that respondent No.2 is the competent authority to examine the validity or otherwise of the documents being produced by the petitioners for granting concession on Internship to FMGs and as per recommendations of the respondent No.2, they will take appropriate action, in accordance with law.
5. Since it is the case of the petitioners that Himachal Pradesh State Medical Council has permitted the similarly situated persons to undergo Internship Training of Foreign Medical Graduate Students for a period of one year only and the respondent No.2 herein is not applying the very same standards for considering the case of the petitioners, ends of justice would be met if the applications submitted by the petitioners to the respondent No.2 are forwarded to respondent No.1 for evaluation and to pass appropriate orders.
6. Accordingly, the respondent No.2 is directed to forward the applications submitted by the petitioners to the respondent No.1 and on receipt of those applications, the respondent No.1 shall examine the same by taking into consideration the public notice dated 5 19.06.2024 issued by the respondent No.1, Office Order No.HFW-
MND-SLBSGMC & H(Stu.Sec.) FMG Internship/2024-14993 dated 01.07.2024 issued by the SLBSGMC & H Mandi at Nerchowk, Himachal Pradesh, wherein the case of batch-mate of petitioners namely Narayan Singh, has been considered and the compensation letter vide P.No.OP/12/3-481/1 dated 13.03.2023 by the Ministry of Public Health of Ukraine, Bukovinian State Medical University Medical Faculty, Chernivsti, Ukraine and pass appropriate orders, in accordance with law, within a period of two(2) weeks from the date of receipt of copy of this order and communicate the decision thereon to the petitioners.
7. With the above directions, this Writ Petition is disposed of, at the admission stage.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. No order as to costs __________________________ C.V. BHASKAR REDDY, J Date: 15.07.2024 Note: Issue C.C by 16.07.2024 (b/o) scs