Nagpur bench of Bombay High Court (HC) allowed Petitioner Foreign medical graduates to attend state quota NEET PG counselling for admission into MD/ MS courses, although on interim basis.
All of them had pursued their MBBS degrees from Chinese and Russian universities and passed FMGE/ MCI Screening exam to get licence to practice in India.
Foreign medical graduates unlike Indian graduates are only allowed to participate in All india Quota MCC counselling and DNB counselling. While Indian graduates have advantage to additionally participate in state quota seats also. It is point worthy to mention that all reverted seats of All India Quota are finally given to the states.
A division bench comprising justices Ravi Deshpande and Shreeram Modak directed the State Common Entrance Test (CET) commissioner to process the applications of doctors Vaibhav Kale, Chetan Gangane, Swarup Ingole, and Narendra Naukarkar on provisional basis. The HC also issued notices to respondents, including principal secretary of state public health department, to reply by 27th March. CET Cell commissioner, director, and his deputy in public health service and Mumbai-based Directorate of Medical Education and Research (DMER) director (PG), are the other respondents in the case.
According to the petitioners, they cleared NEET for PG admissions but were prohibited by the CET cell clarifying that they don’t fit into the eligibility criterion of having MBBS degrees from Indian universities only. They were, however, engaged into service in government run health care establishments in remote parts since the last three years in the state of Maharashtra itself.
“There is no bar contained for such candidates in the Government Resolution (GR) of May 3, 2011, as is created, in respect of 50% of the vacancies to be filled at the state level from the candidates not in service. By way of interim order, we direct that the applications of the petitioners should be processed on provisional basis, without conferring any right upon them,” the judges said before partially offering them relief.
The 2011 GR allows in-service medical officers with foreign degrees to apply for PG courses. In February, the government came out with new rules that prohibited the students from pursuing PG courses if their MBBS degrees belonged to foreign universities.
Counsel of the petitioner contended that all these students had completed their three years of in-service in city only and are eligible for PG admissions. He pointed out that last year also, many such candidates completing their degrees from foreign universities were allowed to seek admissions into PG courses. Just because their degrees are from Russian and Chinese universities, they can’t be barred from seeking admissions into PG courses, he argued.