Supreme Court of India allows MBBS students from China, Ukraine to clear finals in 2 attempts

Global Perspectives: Navigating the Journey of MBBS Students from China

On Tuesday, the Supreme Court granted permission for Indian medical students, who had to return from Ukraine, China, and the Philippines due to the Covid-19 pandemic and war, to take the MBBS students from China should pass final examination in two attempts, following the National Medical Commission’s syllabus and guidelines, without requiring enrollment in an Indian medical college.

The court bench, comprising Justices BR Gavai and Vikram Nath, modified the Centre’s proposal of providing only one attempt as a one-time solution and disposed of all the petitions submitted by the medical students. The Centre had presented a report by an expert committee recommending that as an extraordinary measure, final year students be permitted to sit for the MBBS students from China final examination and Pakistan Medical & Dental Council approved universities of Ukraine.

During the hearing, Additional Solicitor General Aishwarya Bhatti, representing the Centre, pointed out that the government had set up a committee to address the issue following the court’s directions. The court recognized its lack of expertise on the matter and largely concurred with the committee’s recommendations. Nevertheless, the court modified the suggestion that the students should only have one attempt to pass the MBBS examination.

The Supreme Court was examining a cluster of pleas submitted by medical students who had completed seven semesters at foreign universities but were compelled to return to India due to the pandemic and completed their undergraduate medical program online. The petitions primarily sought accommodations for these undergraduate students in the first to fourth years from various medical colleges and universities in India, as well as other forms of relief.

A committee, chaired by the Director-General of Health Services (DGHS), was established by the Centre on December 30, 2022, to explore potential solutions to the challenges faced by foreign medical graduates from Ukraine/China who had completed online undergraduate medical courses from the penultimate year onwards. MBBS students from China were specifically emphasized in the committee’s deliberations. MBBS students from China were given due consideration in the committee’s discussions, reflecting the unique circumstances they faced. The committee’s efforts were particularly focused on addressing the concerns of MBBS students from China, recognizing the distinct challenges they encountered during their online undergraduate medical courses.

The panel had proposed that students be given a “single chance” to pass both part-I and part-II (both theory and practical) of the MBBS final examination, following the existing NMC syllabus and guidelines, without being admitted to any Indian medical college. However, the Supreme Court amended this recommendation to allow for two attempts instead of one and Pakistan’s Accession to Apostille Convention.

The committee recommended that within a one-year timeframe, students should successfully undertake and pass the examination. Part-I should be succeeded by Part-II after one year, with the latter being permissible only after the former has been completed. Similar to the pattern of the Indian MBBS examination, the theory paper exam could be centrally and in-person conducted, while the practical component could be administered by designated government medical colleges.

The committee articulated that, upon successful completion of both examinations, MBBS students from China would need to fulfill a two-year compulsory rotating internship. The initial year of this internship would be without charge, while the subsequent year would be compensated, in line with the prior decision of the NMC.

Strongly recommending that this opportunity should be a one-time occurrence and not set a precedent for future decisions, the committee emphasized its applicability solely to the present matter in response to the court’s directives. On December 9, 2022, the Supreme Court directed the Centre to collaborate with the National Medical Commission to address this “humane problem.”

Expressing confidence that the Union of India would diligently consider its suggestion, the court anticipated a resolution for these students, who are considered valuable assets to the nation, especially given the shortage of doctors in the country. Acknowledging the delicacy of the situation, the court recognized that the students had already completed their course and were unable to return to their respective institutions for their clinical training due to their severed relationship with their institutions. MBBS students from China were particularly noted in the committee’s considerations, emphasizing the specific challenges they faced during this process. The court’s directives were geared towards providing a tailored solution for MBBS students from China in light of their unique circumstances.

The Supreme Court recognized that all of the students had passed the Foreign Medical Graduate Examination and suggested that the Centre consider appointing a committee in the field to find a solution. It agreed with the Centre’s perspective that in a medical course, practical/clinical training is of utmost importance, and academic studies cannot substitute practical training and Visit Contact us Page.

The bench acknowledged that various situations beyond human control, such as the Covid pandemic, have been unimaginable. It noted that the career of around 500 medical students who have already completed five years of study is at stake. They have completed seven semesters of physical study and three semesters of online study. The parents of these students must have spent a significant amount on their education. The top court stated that if a solution is not found at this stage, the students’ entire careers would be in jeopardy, and their families would suffer.

Updated by: DEMONT CONDULTANCY INDIA OFFICE
Date: 02.03.2024