The Delhi High Court has ruled against a foreign medical graduate (FMG) seeking an eligibility certificate to appear in the Foreign Medical Graduate Examination (FMGE), a necessary test to practice medicine in India after obtaining a medical degree from abroad.
The court clarified that according to Section 13(4B) of the Indian Medical Council Act and relevant regulations, FMGs must obtain the eligibility certificate before joining a medical course abroad. The ruling came in response to a plea by a doctor who completed her medical education in the Philippines but was denied an eligibility certificate by the National Medical Commission (NMC).
The petitioner's application was rejected on the grounds that she had joined the medical school before completing her schooling, which was not acceptable under NMC regulations. The petitioner's case underscores the importance of the eligibility certificate, which is mandatory for appearing in the FMGE Screening Test to practice in India.
The court emphasized that obtaining the eligibility certificate after completing the medical course abroad violates the statutory provisions. Referring to the Supreme Court's judgment in Indian Doctors from Russia Welfare Association, the court reiterated the requirement for Indian citizens to obtain the eligibility certificate before pursuing a medical course abroad.
Furthermore, the court noted that there is no provision in any statute, rule, or regulation that allows candidates to apply for an eligibility certificate after obtaining a primary medical qualification (PMQ) from a foreign institution. The eligibility certificate must be obtained prior to joining the medical course abroad, and failure to do so renders the candidate ineligible to appear in the FMGE.
(Input from various sources)
(Rehash/ Susmita Bhandary/MSM)
