Page No.# 1/7 GAHC010058672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1648/2026 DR SWATI JOSHI D/O SRI DEEPAK KUMAR JOSHIRESIDENT OF HOUSE NO. 54, CHANDRAPUR ROAD, SEUJ NAGAR, NARENGI, GUWAHATI, PIN 781026 P.O - NARENGI AND P.S - NOONMATIDISTRICT - KAMRUP M, ASSAM VERSUS ASSAM COUNCIL OF MEDICAL REGISTRATION REPRESENTED BY ITS REGISTRAR, KHANAPARA, GUWAHATI - 781022 KAMRUP METRO, ASSAM 2:DIRECTOR OF MEDICAL EDUCATION KHANAPARA GUWAHATI - 781022 KAMRUP METRO ASSAM 3:NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS DIRECTOR POCKET 14 SECTOR 8 DWARKA PHASE I NEW DELHI - 11007 Advocate for the Petitioner : MR V JAMMAR, MR B PATHAK Advocate for the Respondent : SC, HEALTH, SC, N M C Page No.# 2/7 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.07. 2026 Heard Mr. B. Pathak learned counsel for the petitioner. Also heard Mr. D. K. Baidya, learned Standing Counsel appearing for the NMC, Mr. D. P. Borah, learned Standing Counsel appearing for the Health and Family Welfare Department. 2. The petitioner before this Court is a Medical Graduate who completed her Medical Graduate from the University of National Medical University, Ukraine. During the ensuing war between Ukraine and Russia, the writ petitioner who was initially had to be evacuated and came back to her Country. Subsequently, she went back and completed her course and the University has also issued certificates and was awarded Ukraine's Master's Diploma from Bogomolets National Medical University and he is professionally qualified as a Physician. 3. As per the National Medical Commission (NMC) Rules and Regulations 2021, persons obtaining degrees from Foreign Universities are required to undergo Compulsory Rotating Medical Internship (CRMI). The petitioner had already completed her medical internship of one year and thereafter, she had applied to the Assam Medical Council for getting her registration as a Physician to practice medicine in the State of Assam. However no order on the said application has been passed by the Assam Medical Council accepting her application. The petitioner thereafter submitted representation before the NMC for issuance of Permanent Registration after completion of CRMI. However, since there was no Page No.# 3/7 response to the said representation, the writ petitioner has approached this Court. 4. The Respondent No. 1 namely the Registrar, Assam Council of Medical Registration, Khanapara has filed their affidavit. In the affidavit they have taken a stand that the petitioner is a medical graduate and is eligible for Permanent Registration only after completion of one year clerkship, in addition to the one year CRMI, which she had already completed at Tezpur Medical College, Tezpur, as per the public notice dated 07.12.2023. 5. Mr. B. Patak, learned counsel for the petitioner in his rejoinder submits that this public notice dated 07.12.2023 issued by the NMC relates to those medical graduates who obtained their degrees from the Country of Ukraine and who had completed their courses through online mode. It is submitted that the public notice does not cover cases like the petitioner who had gone back to the Country of Ukraine and completed their courses and semesters in physical mode. It is submitted that the University has also issued a certificate dated 25.07.2023. By the said certificate there is a clear certification that the petitioner had completed all practical classes and objective structured practical (clinical) exam through offline mode. It was also certified that the petitioner had received appropriate medical training during clinical and practical classes. It is therefore submitted that when there is a certificate issued by the concerned University that the petitioner has completed her training and classes offline, the public notice dated 07.12.2023 is not applicable in the case of the writ petitioner. The learned counsel for the petitioner further referred to a subsequent certificate dated 10.10.2024, which was issued by the University, making it clear that the Page No.# 4/7 petitioner had passed all practical classes and objective structured practical (clinical) exam through offline mode and the student has received appropriate medical training during clinical and practical classes. He therefore submits that the non-issuance of the Permanent Registration by the Assam State Medical Registration Council is arbitrary and contrary to the provisions of Law. It is also submitted by the learned counsel for the petitioner that she had successfully completed the internship training in the Tezpur Medical College for which the certificate has also been issued on 06.08.2025, which has been annexed as Annexure-K to this writ petition. 6. Considering the issues involved, the Court requested Mr. D. K. Baidya, learned Standing Counsel representing the NMC, to obtain required instructions in the matter in view of the objections of the counsel for the State Medical Registration Council, that the certificate issued by the Medical College in Ukraine only refers to completion of practical classes offline, but there is no reference towards completion of theory classes offline. Mr. D. K. Baidya, learned Standing Counsel was permitted to obtain instructions with regards to the parameters, if any, issued by the National Medical Council (NMC). Therefore, liberty was granted to Mr. D. K. Baidya, learned Standing Counsel on 14.07.2026 and again on 16.07.2026 to obtain required instructions in the matter. 7. Today when the matter is called up, Mr. D. K. Baidya, learned Standing Counsel on instructions submits that the NMC had already issued their clarification by way of the public notice dated 07.12.2023 and this was also confirmed by a subsequent notice issued on 14.05.2026. He submits on instructions that under such circumstances no further clarification is called from Page No.# 5/7 the NMC and the decision on the petitioner’s application is to be taken by the Assam Council of Medical Registration. 8. Having heard the learned counsel for the parties and upon perusal of the pleadings available before the Court, it is seen that the notification dated 07.12.2023 appears to the Court to be applicable to only those students who had completed their courses and the examination owing to COVID pandemic or War, through online mode. The instruction is silent with regard to candidates who had completed their courses in the offline mode. Further, a subsequent clarification was issued by the NMC in respect of the queries put by various State Medical Registration Council and the NMC Authority had commented as under: “Any action taken prioir to the issuance of the Public Notice dated 18.03.2026 shall remain unaffected as the clarification issued on 18.03.2026 shall operate prospectively and shall apply only to those applications received after the issuance of the said notice. Those doctors who are undergoing internship as per the NMC Public Notice dated 7.12.2023 and 19.6.2024 in your State may continue to carry out the internship as decided by the concerned council and there will be no change of duration of internship” 9. A reading of the comments along with the notice dated 07.12.2023 reveals that the clarification issued shall operate prospectively and this clarification is in respect of the internship required to be undergone by such Foreign Medical Graduates. As such, there is no specific clarification as to whether a certificate Page No.# 6/7 issued by the concerned University certifying that the petitioner had undergone practical classes and examination through offline will be sufficient to mean that the petitioner has undertaken theory classes offline or does it require a specific certification from the concerned University. This issue need not detain the Court in as much as the NMC Authorities as also the State Medical Registration Authorities are at liberty to obtain required clarifications from the concerned University to that effect. However, no such clarification has been sought for. The certificate issued by the University and presented by the writ petitioner has been presented before the Council and they were at liberty to seek further clarifications, if they so desire. 10. A plain reading of the certificate reveals that the candidate has been declared to be a competent physician who had completed the semesters including the practical examination through offline and the respondent authorities have not questioned the authenticity or the veracity of the certificate issued by the University. 11. Under such circumstances, it has to be construed that the said certificates issued by the University will have to be accepted to be a certificate certifying that the concerned Medical Graduate, namely the present petitioner has undergone the course through offline mode, including practical trainings. 12. In such view of the matter, where no further clarification is sought for, nor the authorities have questioned the authenticity of the certificate submitted by the petitioner and where the petitioner has also successfully undergone the Compulsory Rotating Medical Internship (CRMI) in Tezpur Medical Hospital, Page No.# 7/7 there should be no restraint for the Respondent Authorities to accept the application for Registration under the Assam Council of Medical Registration. Since, the application is already before the authorities concerned, the respondents will take all necessary steps to issue appropriate orders in the matter as immediately as possible as it is submitted by the learned counsel for the petitioner that the petitioner is intending to apply and pursue for Post Graduate studies, for which the last date for filling up the form is 21.07.2026. 13. This writ petition therefore stands disposed of in terms of the above. JUDGE Comparing Assistant