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Madras: In a groundbreaking verdict delivered on January 10, 2024, the Madras High Court ruled in favor of Mrs. Ouwshitha Surendran, an Overseas Citizen of India, challenging the rejection of her application for the Foreign Medical Graduate Examination by the National Medical Commission (NMC). The court, led by the Chief Justice SV Gangapurwala and Justice D. Bharatha Chakravarthy, acknowledged the appellant’s right to pursue a medical career in India and emphasized the need for an empathetic consideration of her case.
Mrs. Ouwshitha Surendran, having completed her MBBS degree from Sichuan University, China, found herself entangled in a dispute with the NMC over the alleged inadequacy of her English language qualifications. The appellant, determined to pursue a medical career in India, took her case to the High Court, challenging the rejection of her application.
The crux of the matter rested on the interpretation of eligibility criteria, particularly regarding the proficiency in English. The appellant argued that, contrary to subjects like Physics, Chemistry, and Biology, English was not explicitly mandated in the regulations. Relying on her academic history, which included 12 years of English medium education, and an IELTS score of 7.5/9, the appellant asserted her eligibility.
Delving into the regulations, the court highlighted that proficiency in English, at a level not less than the core course as per NCERT, fulfilled the requirement. The judgment also recognized the evolving educational landscape and referred to the New Education Policy and a public notice dated November 22, 2023, which retrospectively relaxed the rules related to studying English as a co-terminus subject.
The court observed that,
“The appellant has undergone her education in competent and proper institutions. She has completed her MBBS Course by proper 10 +2 + 5 years. Like any other student, she is also entitled to lead a professional life and career and her case deserves consideration empathetically. To make her sit at home, inspite of her qualification would cause gravest prejudice to her. For all the above reasons, this Writ Appeal is bound to succeed”
The court, emphasizing the purposive interpretation of regulations, ruled in favor of the appellant. It held that the appellant satisfied the English language requirements and had the necessary qualifications to pursue the Foreign Medical Graduate Examination.
This landmark judgment opens new doors for Overseas Citizens of India aspiring to contribute to the medical field in the country. The court’s recognition of the appellant’s rights, coupled with an empathetic consideration of her case, sets a precedent for inclusivity and acknowledgment of diverse educational backgrounds in the medical profession. The decision marks a significant stride towards breaking barriers and ensuring fair opportunities for qualified individuals.