State Not Justified In Levying Internship Fee On Foreign Medical Graduates: Kerala High Court
The Kerala High Court was hearing a batch of Writ Petitions preferred by the Indian students who pursued their Medical Degrees outside India.
Justice N. Nagaresh, Kerala High Court
The Kerala High Court held that the State is not justified in levying the internship fee from the foreign Medical Graduates.
The Court held thus in a batch of Writ Petitions preferred by the Indian students who pursued their Medical Degrees outside India.
A Single Bench of Justice N. Nagaresh observed, “The NMC Act, 2019 has been enacted to provide for a medical education system that improves access to quality and medical education affordable to the citizens. When the NMC Act, 2019 mandates payment of stipend to medical interns for their service, the State will not be justified in levying internship fee from the Medical Graduates.”
Advocates Abhilash K.N., T.K. Ananda Krishnan, Sidharth O.K., V.K. Sidhique, and Farah Jyothi Pradeep appeared for the Petitioners while Special Government Pleader (SGP) P.G. Pramod and Standing Counsel Prenjith Kumar appeared for the Respondents.
Factual Background
Indian citizens and Overseas Citizens of India (OCIs) who have obtained their primary medical qualifications from institutions outside India are required to pass the Foreign Medical Graduate Examination (FMGE) in order to get registration under the National Medical Commission (NMC) or any State Medical Council. They are required to obtain provisional registration under the State Medical Councils in order to apply for Compulsory Rotating Medical Internship (CRMI). The Foreign Medical Graduates are required to complete a 12-month CRMI on par with Indian Medical Graduates (IMGs) in order to become eligible to apply for permanent registration under the State Medical Councils.
The Petitioners in this case had completed their medical degree courses abroad in countries like Russia, Bulgaria, Philippines and Guyana. On their return after education, they applied for CRMI and were allotted to various General Hospitals. They were required to pay an annual fee to complete their one-year internship. The fee demanded was higher than the fees levied from Indian Medical Graduates. Hence, the Petitioners approached the High Court against the Government Orders fixing the fee for CRMI and sought to declare that they are entitled to do internship without paying any fee.
Issue for Consideration
The legal issue before the Court was whether the State Government is justified in demanding internship fee for undergoing medical internship regulated by the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021.
Reasoning
The High Court in view of the above issue, noted, “There is no legislation, Central or State, governing internships in India. Internship is akin to apprenticeship. … The interns are deployed to the Medical Colleges / Government Hospitals to discharge the duties of Doctors. They are so deployed only after obtaining Certificate of Provisional Registration from the State Medical Council.”
The Court said that the Certificate of provisional registration makes it clear that the Certificate is valid only for employment in a resident medical capacity in any approved institution or in the medical service of the armed forces of the Union as mentioned in Section 25 of the Indian Medical Council Act, 1956 as amended.
“From the Provisional Registration granted by the State Medical Councils, it is evident that medical graduates who obtained provisional registration and deployed as interns would be working in a resident medical capacity and such engagement amounts to employment. The interns are not deployed to Medical Colleges / General Hospitals for training simplicitor”, it further observed.
The Court also took note of the fact that the medical interns are getting experience as Doctors while working in a resident medical capacity and such interns are often deployed to examine the patients, prescribe medicines and may even be directed to conduct minor surgical procedures.
“The Medical Colleges / General Hospitals are therefore getting benefits of their service, which is in the nature of employment. … The GO(Rt) No.987/2025/H&FWD dated 03.04.2025 issued by the Additional Secretary, Government of Kerala, Health and Family Welfare (S) Department is therefore illegal and ultravires. Consequently, the GO dated 03.04.2025 is set aside. The issue of payment of stipend to the FMGs is left open”, it concluded.
Accordingly, the High Court disposed of the Writ Petitions and set aside the Government Orders.
Cause Title- Sharooq Mohammed & Ors. v. State of Kerala & Ors. (Neutral Citation: 2025:KER:38557)
Appearance:
Petitioners: Advocates Abhilash K.N., T.K. Ananda Krishnan, Sidharth O.K., V.K. Sidhique, Farah Jyothi Pradeep, Sunil Nair Palakkat, Rithik S. Anand, Rishi Varma T.R., Muhammed Anees, Sreejith A., and Teena M. Ashok.
Respondents: SGP P.G. Pramod, Standing Counsel Prenjith Kumar, and Vivek Menon.
