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Tug-of-war between Foreign Medical Graduates (FMGs) in AP and the National Medical Commission (NMC).-1

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By Dr CSRaju

 The  tug-of-war between Foreign Medical Graduates (FMGs) in Andhra Pradesh and the National Medical Commission (NMC).



The Current Situation

The Andhra Pradesh High Court and the State Medical Council recently gave FMGs a major win by allowing them to register without having to complete an additional, new internship requirement. However, this victory might be temporary, as the NMC is likely to challenge it in the Supreme Court.

The NMC’s Case: Why the FMG Win is Vulnerable

If the NMC goes to the Supreme Court, they will likely attack the Andhra Pradesh decision using three main arguments:

  1. Central Rules Trump State Orders: The NMC argues that it sets the laws for medical education. High Courts and state councils cannot simply rewrite or bypass these national rules.

  2. Unequal Standards: Medical licensing must be the same across India. If Andhra Pradesh lets FMGs skip an extra internship but other states don't, it creates a messy, two-tier system that threatens national patient safety.

  3. Legal Overreach: The High Court case was originally just for a specific group of students. The State Government then applied that ruling to all FMGs, which the NMC will argue is an illegal leap from a private court win to a general public policy.

The FMGs’ Case: Their Strongest Defenses

If it goes to the Supreme Court, FMGs have powerful legal and constitutional weapons to fight back:

  • You Can't Change the Rules Mid-Game: The Supreme Court has previously ruled that authorities cannot impose new rules on students (like extra internships) after they have already enrolled in or finished their degrees based on the old rules.

  • The Right to Practice (Article 19): The Constitution guarantees your right to practice a profession. Once an FMG has a degree, passes the FMGE, and finishes a 1-year internship, they have proven their competence. Forcing another year of internship is a disproportionate, unfair barrier to earning a living.

The Biggest Threat: The Anoop Singh Precedent

There is a dangerous past Supreme Court case (MCI v. Anoop Singh) that the NMC will heavily rely on. In that case, the Supreme Court ruled that courts should not interfere with strict medical standards set by regulators, even if those standards cause hardship to students. The court prioritized public health and uniform rules over student equity.

The Bottom Line: What Happens Next?

If the Supreme Court takes up this case, there are three realistic outcomes:

  1. FMGs Win: The Court sides with the students, protecting their right to practice and potentially making this a national rule that helps all Indian FMGs.

  2. A Compromise: The Court protects the FMGs in Andhra Pradesh who already got their registrations, but allows the NMC to enforce the stricter rules for all future students.

  3. NMC Wins: The Court strictly enforces the NMC's power, meaning FMGs will have to complete the additional internship requirements.

what specific legal strategy the NMC is most likely to use to defeat the FMGs' constitutional "Right to Practice" argument at the Supreme Court?

we will explore in next post

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