Delhi High Court issues notice on NMC's foreign medical education guidelines
Delhi High Court has issued notice on plea challenging National Medical Commission (NMC) regulation of a minimum 54 months MBBS duration for foreign medical education.
A medical aspirant who wants to pursue BS Biology (1.5 - 2 years) leading to Doctor of Medicine-MD (48 months) at Lyceum North Western University, Philippines, had filed a petition with Delhi High Court challenging the vires of National Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021, as ultra vires the Constitution.
The Delhi High Court has issued a notice on the plea and the Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has scheduled the case hearing on this matter on February 28.
As per the petitioner, the regulations bring certain disabilities that can adversely affect her career and the careers of many Indian aspirants who want to pursue MBBS from foreign medical universities.
The plea reads, "MBBS course with less than 54 months of course duration is already recognised by Section 36(4) of the NMC Act. Now, the impugned notification, which is subordinate legislation cannot override or amend Section 36(4) of the NMC Act," as reported by Live Law.
"The respondents have lost sight that countries that offers MBBS course for less than 54 months, their universities and colleges are ranked higher in WHO ranking for quality education in medical field," the plea added.
The plea has also challenged the requirement of completing a one-year internship from the same foreign university where the student has completed the medical course and a one-year internship in India to practice medicine in India.
As per the petitioner, "This is an additional hardship put upon the foreign medical graduates, and there is no foundation for the same under the NCM Act.. this will also cause undue delay for the foreign medical students to start medical profession in India."
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