Andhra Pradesh High Court - Amravati
Appasani Sai Sree vs The Ap Medical Council on 30 October, 2025
APHC010451902025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3458]
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 23166 OF 2025
Between:
1. APPASANI SAI SREE, D/O. KODANDA RAMA CHANDRA MURALI
PRASAD APPASANI, AGED ABOUT 28 YEARS,OCC DOCTOR,
R/O.D.NO.1-109, TADIKONDA, GUNTUR, ANDHRA PRADESH.
CAUSE TITLE AMENDED AS PER COURT ORDER DT.23.09.2025 IN
I.A.NO.2 OF 2025
...PETITIONER
AND
1. THE AP MEDICAL COUNCIL, REP BY ITS REGISTRAR, GUNADALA,
VIJAYAWADA.
2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPT,
SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.
3. THE DIRECTOR MEDICAL EDUCATION, THE STATE OF ANDHRA
PRADESH, VIJAYAWADA.
4. THE NATIONAL MEDICAL COUNCIL OF INDIA, REP BY ITS
CHAIRMAN, POCKET NO. 14, SECTOR-3 DWARAKA, NEW DELHI.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the 1st Respondent in not issuing Permanent Registration Certificate to me even 2 KM,J W.P.No.23166 of 2025 though I have completed one year of Compulsory Rotatory Medical Internship as per the allotment order dated 09.11.2023 issued by the 1st Respondent in terms of Screening Test Regulations 2002 stating that I have to undergo one more year of internship as per Foreign Medical Graduate Licenciate Regulations 2021 as illegal, arbitrary, colorable exercise of power contrary to Foreign Medical Graduate Licenciate Regulation 2021 and Compulsory Rotatory Medical Internship Regulation 2021 and circular dated 04.03.2022 issued by the Respondent No.4 apart from being violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to issuePermanent Registration Certificate/Final Registration Certificate to me andpass Prayer amended as per Court Order dt.23.09.2025 in I.A.No.2 of 2025.
IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct respondents to issue Permanent Registration Certificate/Final Registration Certificate to me without insisting for one more year of Compulsory Rotating Internship, by accepting the physical documents, pending disposal of the Writ Petition and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased amend the Cause Title as 'Appasani Sai Sree' instead of 'Appasani Sai Sri' and further amend the prayer portion as 'P' respondent' instead of 2nd respondentand pass such and pass s Counsel for the Petitioner:
1. SANAKA MANASWI Counsel for the Respondent(S):
1. V V ANIL KUMAR
2. VIVEK CHANDRA SEKHAR S
3. GP FOR MEDICAL HEALTH FW 3 KM,J W.P.No.23166 of 2025 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23166 OF 2025 The Court made the following order:
Heard Sri B.Abhay Siddhanth Mootha, learned counsel appearing for Ms. Sanaka Manaswi, learned counsel for the petitioner and Sri V.V.Anil Kumar, learned Standing Counsel appearing for respondent No.1.
2. The present writ petition is filed challenging the action of the 1st respondent in refusing to issue a Permanent Registration Certificate despite completion of one year of Compulsory Rotatory Medical Internship as per the allotment order dated 09.11.2023, on the ground that the petitioner has to undergo one more year of internship.
3. It is contended that the petitioner, after completing her intermediate course in India, enrolled in the Bachelor of Science course for the period 2014-2017 in the Philippines; thereafter, she enrolled for the Primary Medical Qualification, MD (equivalent to the MBBS course in India), during the period 2017-2021. It is contended that the petitioner had completed her examinations by June 2020 while attending her classes physically at the college in the Philippines. Due to the COVID-19 outbreak, she had to return to India and completed her clerkship through online classes.
4. In India, to get enrolled in the State Medical Register, she appeared for the Screening Test in accordance with the Screening Test Regulations, 2002 and cleared it. However, respondent No.1 has informed the petitioner that she 4 KM,J W.P.No.23166 of 2025 was required to undergo a one-year Compulsory Rotatory Medical Internship, as per the allotment order dated 09.11.2023, at the allotted college.
Accordingly, the petitioner had undergone the one-year internship. The petitioner, after completion of the one year internship obtained a Provisional Registration Medical Certificate on 20.06.2024
5. Learned counsel for the petitioner argues that the Foreign Medical Graduate Regulations, 2021 which came into effect on 18.11.2021 would not apply to the case of the petitioner, inasmuch as the petitioner had completed course in January, 2021 including one year clerkship. The 4th respondent had issued a circular dated 04.03.2022 clarifying that the Regulations are prospective in nature and would be applicable only to those FMGs who acquired Foreign Medical Degree subsequent to 18.11.2021. Learned counsel for the petitioner contends that as per the allotment order, the petitioner is supposed to undergo only one year of internship in India, however, the 1st respondent is insisting that the petitioner should undergo one year of additional internship, since the petitioner had undergone practical training abroad through online mode.
6. The 1st respondent filed counter affidavit stating that the very object of clinical training is to impart hands-on, practical exposure, which cannot be achieved through virtual classes. As per the NMC Public Notice dated 22.11.2023, FMGs who pursued their final year/penultimate year studies in online mode are required to undergo clinical clerkship in India in lieu of the 5 KM,J W.P.No.23166 of 2025 deficiency. The Public Notice dated 07.12.2023 further clarifies that FMGs with breaks/online training during critical years must complete two or three years of supervised training (clerkship + internship) depending on the deficiency period. The Public Notice dated 19.06.2024 reiterates that only those students who have sufficiently compensated their online classes with extended offline/onsite training are eligible for the standard one-year CRMI internship. In the present case, the Petitioner has not submitted any valid "sufficiently compensated" certificate showing extended offline training, nor has she undergone clerkship in India. It is further contended that, as per NMC public notices dated 22.11.2023 and 07.12.2023, FMGs who underwent clerkship or practical training in online/virtual mode during the penultimate or final year are required to undergo additional clinical clerkship in India to make up for the training deficiency. It is thus contended that the petitioner's claim that online clerkship abroad satisfies all rules and she would be entitled for Permanent Registrations (PR) is not sustainable.
7. Learned counsel for the petitioner argues that as per the clarification issued by the government of India dated 30.07.2020, the internship done by the petitioner in foreign state is valid and 12 months internship in India is not mandatory and the same is in accordance with the provisions of Indian Medical Council Act, 1956. The reliance of the 1st respondent on the circular dated 22.11.2023 is misconceived as the same has been superseded vide public notice dated 07.12.2023, which provides as under: 6
KM,J W.P.No.23166 of 2025 PUBLIC NOTICE DATED 07.12.2023 "In supersession to the Public Notice dated 22.11.2023, the National Medical Commission in its meeting held on 30.11.2023 has decided to provide clarifications/decisions in various issues with respect to Foreign Medical Graduates.
1. ISSUES RELATED TO FMGS FROM UKRAINE I. ........................................
II. ....................................... III. .......................................
2. ISSUES RELATED TO RECOGNITION OF BS COURSE Students who were studying BS Course or had taken admission in BS course and were physically studying in Foreign Medical Institute at the time of publication of FMGL Regulation, 2021 dated 18.11.2021 shall be governed by old Screening Test Regulation, 2002 however such students shall have to undergo additional one year of internship as per CRMI Regulation, 2021. This shall be one time exemption specific to these students only."
8. Considered the rival submissions.
9. The petitioner had enrolled for Bachelor of Science course for 2014- 2017. Thereafter enrolled for Primary Medical qualification, viz., MD (MBBS) in Philippines commencing from 2017. After completing the examinations, in June, 2020, returned to India on 03.07.2020, due to the Pandemic and 7 KM,J W.P.No.23166 of 2025 attended internship through virtual mode, and awarded the completion certificate by the Foreign University/College. The petitioner had attended the classes physically however the clerkship was through online. After conclusion of the same, the university has issued the course completion certificate. The petitioner was issued with allotment order dated 09.11.2023, in terms of the public notice dated 09.05.2023 requiring her to undergo internship for a period of one year. Accordingly, the petitioner has completed the one year internship. The subsequent circular dated 19.06.2024, of the NMC clarifies that the students who have sufficiently compensated classes in physical onsite in lieu of the online classes and subsequently passed examination equivalent to MBBS in India shall be eligible for one year internship as specified in CRMI regulations, 2021. The 1st respondent also has taken a decision and passed resolution to the effect of stipulating for one year internship for the FMGs of Philippines, who returned to India after completion of their total theory course in offline mode, could not go back to that country did their clerkship in online mode, obtained degree, passed the FMG examination. The relevant portion of the said resolution of the 1st respondent is as follows:
"Decision of the General Body of the AP Medical Council regarding Foreign Medical Graduates:
The General body of the AP Medical Council dated: 27th May 2025 and 17th June 2025 is as follows:8
KM,J W.P.No.23166 of 2025
1) Compensation Letters to be accepted with Names and Specific dates mentioned based on NMC Circular Dt:19/06/2024.
2) Undertaking from FMG's.
3) Verification of passport entries.
4) During the study period 75% of attendance should be observed.
5) To implement the guidelines issued by the NMC in its circular dated: 04-03-2022, regarding the provisions contained in FMGL Regulations, 2021, regarding non-
applicability of FMGL regulations to the FMGs.
The FMGL Regulations, 2021 dated: 18-11-2021 shall not be applicable to the FMGs in the following cases.
a) The FMGs who have acquired a foreign medical decree or primary qualification, as the case may be, prior to 18-11-2021;
b) The FMGs who have joined their undergraduate medical education in foreign institutions prior to 18- 11-2021; and
c) Such FMGs who are specifically exempted by the Central Government, by notification.
The AP Medical Council, vide circular dated: 7th April 2025, had earlier considered and implemented clause (a) of the above exemptions. However, the General Body of the Council has now resolved to implement clauses (b) and (c) as well, as per FMGL Regulations, 2021.
After elaborative discussion, the General Body has resolved to stipulate the internship period for the Foreign Medical Graduates, which are as follows:
9
KM,J W.P.No.23166 of 2025 ONE YEAR INTERNSHIP:
1. The FMGs who have completed their entire course in Offline Mode.
2. The FMGs who have completed part of their course in Online Mode and compensated the online period with offline mode and submitted compensation certificate.
3. The FMG's of Philippines, who returned to India after completion of their total theory course in offline mode, should not go back to that country, did their clerkship in online mode, obtained degree, Passed the FMG examination. (In view of the NMC circular dated 30.07.2020, the clerkship period of those FMG's is considering as internship period in India for issuing Permanent Registrations).
4. The FMG's who transfer / immigrate to any other country due to covid / war to complete their remaining course of study in offline mode & prepared final examination in offline / online mode, and obtained course completion Certificate / Degree from the parent medical institute and passed FMG Examination."
10. Having regard to the public notice dated 19.06.2024, read with the resolution of the 1st respondent, the petitioner is granted liberty to approach the 1st respondent by way of an application after enclosing the required documents/material seeking issuance of Permanent Registration. Upon filing of the same, the 1st respondent is directed to issue PR within a period of four weeks from the date of receipt of the copy of this order, without insisting that 10 KM,J W.P.No.23166 of 2025 the petitioner undergo one more year of internship; however, subject to the petitioner fulfilling all other requisite compliances, if any.
11. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs As a sequel, miscellaneous applications pending, if any, shall stand closed.
______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 30.10.2025 BSK 11 KM,J W.P.No.23166 of 2025 02 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23166 OF 2025 Date: 30.10.2025 BSK