Gujarat High Court: Notice Issued On Philippines-Returned Medical Grads’ Petition Seeking Permanent Registration Without Compulsory Internship

The Gujarat High Court in the case Dobaria Devang Arvindbhai vs. The State Of Gujarat observed and has issued a notice wherein a wit plea was moved by total of 46 Indians, who studied medicine in Philippines, wherein seeking issuance of directions to the Gujarat Medical Council for granting permanent registration without asking for 12 months internship under the Compulsory Rotatory Medical Internship, CRMI Regulations, 2021.
The single judge bench headed by Justice Vaibhavi D Nanavati in the case observed and has issued the notice to the state government, National Medical Council and Gujarat Medical Council for April 26, 2023.
The court in the case while considering the submissions made observed that it being open for the petitioners herein to apply for FMG CRMI (Compulsory Rotating Medical Internship) And Provisional Registration and the same would be subject to the final outcome of the said petition filed.
It has also been submitted by the petitioner in the plea that after the completion of 12th standard, they studied Medicine in different Universities in Philippines and the students have completed their degree course of Doctor of Medicine, which being equivalent to MBBS in India, and 12 months of internship which being as per the prevailing rules and regulations at Philippines prior to November 18, 2021.
Further, the petitioner in the plea contended while considering the facts that the Notification which is being issued by NMC for the internship came into effect from November 18, 2021 and since they have been graduated prior to November 18, 2021, thus, the notification would not be applicable to him.
The court in the case observed wherein it has also been alleged that similarly the situated foreign medical graduates from Philippines have been granted the permanent registration without insisting on 12 months of CRMI by Gujarat Medical Council in the previous year. Further, the petitioner in the plea argued before the court that the Gujarat Medical Council is knowingly misinterpreting the CRMI Regulations, 2021 in order to force them to do the internship.
The court in the case was also informed that the Foreign Medical Graduates Examination have been cleared by the petitioners.