::1:: APHC010653412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 34060/2025 Between: 1. CHAKRAVARTHULA SAI PRATHAP VARMA, S/O.C.SUBRAMANYAM RAJU, AGED ABOUT 29 YEARS, OCC.DOCTOR, R/O.D.NO.2/30, BOMMAVARAM VILLAGE AND POST, OBULAVARIPALLE MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE NATIONAL MEDICAL COUNCIL OF INDIA, REP BY ITS CHAIRMAN, POCKET NO. 14, SECTOR-3 DWARAKA, NEW DELHI. 3. THE ANDHRA PRADESH MEDICAL COUNCIL, REP BY ITS CHAIRMAN, HAVING OFFICE AT GUNADALA, VIJAYAWADA. 4. THE DIRECTOR MEDICAL EDUCATION, DEPARTMENT OF HEALTH MEDICAL AND FAMILY WELFARE, THE STATE OF ANDHRA PRADESH, VIJAYAWADA. 5. THE CHAIRMAN, ANDHRA PRADESH MEDICAL COUNCIL, VIJAYAWADA. 6. THE VICECHAIRMAN, ANDHRA PRADESH MEDICAL COUNCIL, VIJAYAWADA. 7. THE REGISTRAR, ANDHRA PRADESH MEDICAL COUNCIL, VIJAYAWADA. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the ::2:: High Court may be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the Allotment Order, dated 17.05.2023 issued by the respondents No.3 and 7 directing me to undergo internship for a period of two years at Apollo Institute of Medical Sciences and Research, Chittoor and consequently not issuing me the Permanent Registration certificate to me stating that I am governed under Foreign Medical Graduate Licenciate Regulations 2021, even though I am not at all covered under said regulations. 2021 and 1 am governed under Screening Test Regulations, 2002 read with Section 13(3) of the Indian Medical Council Act, 1956 as arbitrary, illegal. colourble exercise of power, contrary to the General Body Resolution, dated 27.05.2025 and 17.06.2025 apart froim being violative of the Fundamental and Constitutional Rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently. a. Set Aside the Part of the Allotment Order, dated 17.05.2023 issued by the respondents No.3 and 7 directing me to undergo internship for a period of two years at Apollo Institute of Medical Sciences and Research, Chittoor instead of one year b. consequently direct the respondents No.3 to 7 to treat the period internship as per Allotment Order, dated 17.05.2023 as One year instead of Two years c. direct the respondents to issue the Permanent Registration Certificate to me as per Screening Test Regulations, 2002 read with Section 13(3) of the Indian Medical Council Act, 1956 Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. V V ANIL KUMAR 2. GP FOR MEDICAL HEALTH FW ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.34060 of 2025 This Court made the following ORDER: Heard learned counsel for the Petitioner and learned Standing Counsel for Medical and Health and Family Welfare and learned Standing Counsel for Respondent Nos.2 and 3. 2. The present writ petition is filed challenging the action of the Respondent Nos.3 and 7 in directing the petitioner to undergo internship for a period of two years and consequently not issuing the Permanent Registration Certificate stating that the petitioner is governed under Foreign Medical Graduate Licenciate Regulations, 2021 even though the petitioner is not at all covered under the said Regulations, 2021. 3. It is contended that the petitioner, after completing his intermediate course in India, enrolled in the Bachelor of Science in Biology for the period 2014-2018 in the Philippines; thereafter, he enrolled for the Primary Medical Qualification, MD (equivalent to the MBBS course in India), during the period 2018-2022. It is contended that the petitioner had completed his examinations by ::4:: July, 2022 while attending his classes physically at the college in the Philippines. Due to the COVID-19 outbreak, he had to return to India and completed his internship (House Surgeon) through online classes. 4. In India, to get enrolled in the State Medical Register, he appeared for the Screening Test in accordance with the Screening Test Regulations, 2002 and cleared it. However, respondent Nos.3 and 7 has informed the petitioner that since the petitioner undergone his clerkship/practical training through online mode and the same would not be treated as valid practical training, the petitioner was required to undergo two years in India, as per the allotment order dated 17.05.2023, 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 05.10.2023. 5. 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, but the Respondent Nos.3 and 7 issued orders for few students for one year and issued internship ::5:: orders to the petitioner for two years. Hence the Writ Petition. 6. Respondent No.7 filed counter-affidavit in W.P.No.35209 of 2025 wherein it is admitted that the petitioner got enrolled to the Doctor of Medicine Course at Philippines, in the year 2018, and was awarded the degree on 27.09.2022. It is further contended that the petitioner completed his final year clinical clerkship in online mode. However the petitioner’s case is governed by the clarificatory Public Notice dated 28.07.2022 issued by the National Medical Commission, which was issued in pursuance of the orders of the Hon’ble Supreme Court of India dated 29.04.2022 in SLP Nos.2536-2537 of 2022. As per the said Public Notice, Indian students who:  Were in the last year of undergraduate medical course.  Could not complete physical clinical training due to COVID-19 related disruptions, and  Completed their course and were granted degree on or before 30.06.2022 are permitted to appear for the Foreign Medical Graduate Examination (FMGE). However, after qualifying FMGE, such candidates are mandatorily required to undergo Compulsory ::6:: Rotating Medical Internship (CRMI) for a period of two years, to compensate for the clinical training not physically attended and to familiarise them with medical practice under Indian conditions. Only after completion of two years CRMI, such candidates become eligible for registration. The petitioner squarely falls under the above category, as the petitioner completed his final clinical clerkship in online mode, and obtained his degree on 31.07.2022, i.e., within the period covered by the Hon’ble Supreme Court directions and NMC Public Notice. 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 3rd 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: ::7:: 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 BSCOURSE  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. On perusal of the material on record, it is observed that the petitioner had enrolled for Bachelor of Science in Biology course for 2014-2018. Thereafter enrolled for Primary Medical qualification, viz., MD(MBBS) in Philippines commencing from 2018. After completing the examinations, in July, 2022, returned to India in June, 2025, due to outbreak of the COVID-19 Pandemic and attended internship through virtual mode, and ::8:: awarded the completion certificate by the Foreign University/College. The petitioner had attended the classes physically however the internship (House Surgeon) was through online. After conclusion of the same, the university has issued the course completion certificate. The petitioner was issued with allotment order dated 17.05.2023, in terms of the public notice dated 09.05.2023 requiring him to undergo internship for a period of two years. 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 3rd 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 3rd respondent is as follows: ::9:: “Decision of the General Body of the AP Medical Council regarding Foreign Medical Graduates: TheGeneralbodyoftheAPMedicalCouncildated:27th May 2025 and 17th June 2025 is as follows: 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 degree 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: ONEYEARINTERNSHIP: ::10:: 1. The FMGs who have completed their entire course in OfflineMode. 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.” 9. Having regard to the public notice dated 19.06.2024, read with the resolution of the 3rd respondent, the petitioner is granted liberty to approach the 3rd and 7th respondents by way of an application after enclosing the required documents/material seeking issuance of Permanent Registration. Upon filing of the same, the respondent authorities are directed to issue PR within a period of four weeks from the date of receipt of the copy of this order, without insisting that the petitioner undergo one more year of internship, however, subject to the fulfilling of all other requisite compliances, if any. ::11:: 8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs As a sequel, interlocutory applications if any pending shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 10.02.2026 krk ::12:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.34060 of 2025 DT: 10.02.2026 krk 251