Supreme Court Rescues MBBS Students from Foreign Universities

The Hon'ble Supreme Court has come to the rescue of MBBS students of foreign universities who faced difficulties due to the Ukraine crisis and COVID. The Hon'ble Supreme Court on Friday directed the National Medical Commission (NMC) to frame a scheme in two months permitting students to complete clinical training in medical colleges in India. The apex court, which was hearing an appeal of the NMC against Madras High Court order asking it to provisionally register MBBS graduates of a Chinese University.

The bench of justices Hemant Gupta and V Ramasubramanian stated that, No, the pandemic has thrown new challenges to the entire world including the students but granting provisional registration to complete an internship to a student who has not undergone clinical training would be compromising with the health of the citizens of any country and the health infrastructure at large.

The bench further directed the NMC to frame a scheme as a one time measure within two months to allow the student and such similarly situated students who have not actually completed clinical training to undergo clinical training in India in the medical colleges

The Hon'ble Supreme Court verdict said that it shall be open to the NMC, the successor organisation of MCI for medical education in the country, to test such students in the manner within the next one month, that it considers appropriate. The verdict examined the question of whether the degree granted by a foreign institute, even in respect of clinical training, is binding on the NMC and that the student has to be provisionally registered.

The bench further stated that the appellant (NMC) is not bound to grant provisional registration to the student who has not completed the entire duration of the course from the Foreign Institute, including the clinical training.

The bench found force with the submissions of the NMC that in terms of the statutory regulations. The bench further stated that the students were permitted to undergo medical courses abroad and that they have completed their curriculum according to the certificate granted by such Foreign Institute, and such national resources cannot go wasted due to some limitations.

The apex court further stated that these valuable services of the students should be used to augment the health infrastructure in the country, and thus, it would be necessary that the students undergo actual clinical training of such duration and at such institutes which are identified by the NMC.

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