DR. ANWESHA PANDA vs STATE OF ODISHA
- Court
- Odisha High Court
AFR
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24375 of 2026
CNR No.ODHC010570622026
In the matter of an application under Article 226 & 227
of the Constitution of India, 1950.
………………
Petitioner
Dr. Anwesha Panda ….
-versus-
Opp. Parties
State of Odisha & Others ….
For Petitioner : Mr. R. Behera, Advocate
For Opp. Parties : Mr. C.K. Pradhan, AGA
Mr. R.C. Mohanty, Adv.
(for O.P. Nos.2 & 3)
PRESENT:
THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY
Date of Hearing: 14.10.2026 and Date of Judgment: 04.11.2026
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Biraja Prasanna Satapathy, J .
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the parties.
// 2 //
3. The present Writ Petition has been filed inter alia
with the following prayer:
“Therefore, the Petitioner prays that your
Lordships may graciously be pleased to admit the
writ petition, issue Rule NISI, calling upon the Opp.
Parties to show cause as to why a writ of certiorari
shall not be issued to quash the posting order
dated 17.01.2026 (Annexure-6) and the Notification
NO.1031 dated 09.07.2026 (Annexure-8);
And, further direct the Opp. Party No.2 to
issue permanent registration to the Petitioner at the
earliest.
And, if the Opp. Parties fail to show cause or
show insufficient cause then make the rule
absolute;
And, pass any other writ/writs, order/orders,
direction/directions as your Lordships may deem
just and proper;
And, for this act of kindness the Petitioner as
on duty bound shall ever pray.
4. While assailing the impugned order dtd.17.01.2026
so issued under Annexure-6 of Opp. Paty No.2, learned
counsel appearing for the Petitioner contended that,
taking into account the status of the Petitioner having
acquired Doctor of Medicine from S. Tentishev Asian
Medical Institute, Kyrgyzstan, Petitioner could not have
been directed to undergo internship for a period of 2
years i.e 1 year Clerkship + 1 year CRMI.
Page 2 of 18
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4.1. Learned Counsel appearing for the Petitioner
contended that Petitioner took admission in S. Tentishev
Asian Medical Institute, Kyrgyzstan for the academic year
2017-2018 in a 6 (six) years course of M.D Physician and
was issued with the admission letter under Annexure-1
series. It is contended that Petitioner completed the 6
years course with year of entry 2017 and year of exit
2023. It is further contended that Petitioner took
admission to prosecute the course on 31.10.2017 with
her date of exit as 04.07.2023, so available from the
Certificate issued on 05.06.2023 under Annexure-2
series.
4.2. It is contended that Petitioner while so continuing
the M.D course in general medicine w.e.f 31.10.2017,
because of the advent of COVID-19, Petitioner returned to
India on 22.07.2020 and left for Kyrgyzstan on
13.11.2021. It is contended that during the period
Petitioner left for India on 22.07.2020, she was
th
continuing in her 4 year and Petitioner in total
remained for around 15 months in India.
Page 3 of 18
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4.3. Learned counsel appearing for the Petitioner
contended that for the period she remained in India
because of COVID-19 from 22.07.2020 to 13.11.2021,
Petitioner compensated the classes in physical mode for a
duration of 9 months 10 days i.e. for the period from
14.11.2021 to 05.07.2022 and 15.09.2022 to 05.11.2022
in lieu of the Online classes. It is accordingly contended
that since Petitioner compensated the classes in physical
mode in lieu of Online classes for the period from
14.11.2021 to 05.07.2022 and 15.09.2022 to 05.11.2022
and thereafter completed the M.D in general Medicine,
Petitioner was allowed to take the Screening Test Pass
Certificate so conducted by the National Board of
Examinations in Medical Sciences under Annexure-4.
Petitioner was issued with the Pass Certificate vide letter
dtd.23.09.2025 under Annexure-4.
4.4. It is contended that after successfully qualifying the
screening test under Annexure-4, Petitioner applied for
provisional registration before the Odisha Council of
Medical Registration, Bhubaneswar (in short, “OCMR),
Page 4 of 18
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Petitioner was also issued with the Provisional Certificate
of Registration on 07.01.2026 under Annexure-5.
4.5. It is contended that even though Petitioner
compensated the classes for the period she remained in
India because of COVID-19 from 22.07.2020 to
13.11.2021 by attending physical classes in lieu of
Online Classes for the period 14.11.2021 to 05.07.2022
and 15.09.2022 to 05.11.2022, so reflected in letter
dtd.05.06.2023 of the Institute in question under
Annexure-2 series, Petitioner could not have been
directed to undergo internship for a period of 2 years i.e
one year clerkship + one year CRMI, in place of one year
internship only. It is further contended that vide the
impugned order dtd.17.01.2026 under Annexure-6,
Petitioner has been directed to undergo Internship for
a period of two years; i.e. one year Clerkship + one year
CRMI.
4.6. It is contended that such Internship for a period of
one year CRMI in addition to 1 year clerkship was
prescribed in terms of the provisions contained under
Page 5 of 18
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CRMI Regulations, 2021. It is however contended that
such CRMI Regulations,2021 is not applicable to the case
of the Petitioner in view of the provision contained under
Schedule-II, Point no.2(a) of the CRMI Regulation, 2021
r/w Regulation 5(1)(b) of the National Medical
Commission (Foreign Medical License)Regulation, 2021
so available under Annexuire-13 series. Para 2(a) of
Schedule-II of the CRMI Regulation, 2021 reads as
follows:
(a) All Foreign Medical Graduates, as
regulated by the National Medical Commission
(Foreign Medical Graduate Licentiate)
Regulations, 2021, are required to undergo
internship at par with Indian Medical
Graduates if they desire to seek Permanent
Registration to practice Medicine in India.
4.7. Similarly, Regulation 5(1)(b) of the CRMI Regulation, 2021
reads as follows:
5(1) Not withstanding anything contained in Regulation
4, these regulation shall not be applicable
xxx xxx xxx
(b) to candidates who are pursuing their
education in foreign institutions prior to the
coming into force of these regulations’ and
Page 6 of 18
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xxx xxx xxx
4.8. Relying on the provisions contained under Regulation
5(1)(b) of the Regulation available under Anexure-13 series,
learned counsel appearing for the Petitioner contended that
since Petitioner admittedly prosecuted her M.D. course in S.
Tentishev Asian Medical Institute, Kyrgyzstan for the period
from 31.10.2017 to 04.07.2023 and the 2021 Regulation was
only notified on 18.11.2021, provisions contained under
CRMI Regulations are not applicable to the Petitioner’s case.
4.9. It is accordingly contended that since CRMI Regulation,
2021 is not applicable to the case of the Petitioner, Petitioner
could not have been directed to undergo one year CRMI in
addition to one year Clerkship vide order dtd.17.01.2026
under Annexure-6. It is accordingly contended that since
Petitioner is not covered as per the provisions contained
under CRMI Regulation, 2021, Petitioner could not have been
directed to undergo one year CRMI in addition to one year
Clerkship so issued by the Opp. party No.2 vide the
impugned order dtd.17.01.2026 under Annexure-6. It is
however fairly contended that Petitioner has no objection to
undergo the one year Clerkship and she is also prosecuting
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the said internship in terms of the order issued under
Annexure-6 on 17.01.2026, which will be over on 16.01.2027.
5. Considering the grounds of challenge made to Annexure-6,
this Court vide order dtd.05.08.2026 directed learned Addl.
Govt Advocate to obtain instruction on the issue.
6. However, Mr. R.C. Mohanty, learned counsel entered
appearance on behalf of Opp. Party Nos.2 & 3 and filed
separate affidavits so sworn by Opp. Party No.3 on behalf of
Opp. Party Nos.2 & 3 and for self. Relying on the stand taken
in the counter affidavit, learned counsel appearing for Opp.
Party Nos.2 & 3 contended that since Petitioner because of
COVID-19 Pandemic, remained in India for a period of 15
months 21 days and after deducting the duration of vacation
of 4 months, the period comes down to 11 months 21 days.
But in letter dtd.05.06.2023 so issued by the Institute under
Annexure-2 series, Petitioner compensated the Online classes
by attending physical classes for around 9 months 10 days. It
is accordingly contended that since Petitioner in lieu of Online
classes has not compensated the same by attending physical
classes for the entire period of 11 months 21 days and the
Page 8 of 18
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shortfall is 2 months 11 days, in view of the notice issued by
the National Medical Commission on 07.12.2023, 19.06.2024
and 18.03.2026 under Annexure-9 series and Annexure-11,
Petitioner was directed to undergo two years internship i.e.
one year Clerkship +1 year CRMI.
6.1. It is further contended that Petitioner is not similarly
situated as like the other two doctors namely Dr. Arabinda
Mohapatra and Dr. Rajat Kumar Nayak. In the case of Dr.
Arabinda Mohapatra and Dr. Rajat Kumar Nayak, the net
deficit is less than 2 months and in terms of the provisions
contained in letter dtd.23.09.2024 under Annexure-C/2, the
said short-fall was condoned and both the Doctors were
allowed to undergo one year Internship. Since in the case of
the Petitioner, the net deficit is around 2 months 11 days,
such deficit since could not be condoned in terms of the
provisions contained in letter dtd.23.09.2024 under Annexure-
C/2, Petitioner vide Annexure-6 was directed to undergo 2
year Internship.
6.2. It is further contended that if the shortfall is within or
equivalent to one month (30 days), the same may be
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condoned, taking into account the proposal submitted by Opp.
Party No.2 vide his letter dtd.06.08.2024 under Annexure-B/2,
so approved by the National Medical Commission vide its letter
dtd.23.09.2024 under Annexure-C/2.
6.3. Even though Dr. Arabind Mohapatra was having a deficit
of one month 5 days, but by taking a lenient view of the matter
and the short-fall being just above 30 days, he was allowed to
undergo one year Internship. However, in the case of Dr.
Rajat Kumar Nayak, his claim falls in terms of letter
dtd.06.08.2024, so approved by the National Medical
Commission on 23.09.2024 under Annexure-C/2, the deficit
being less than 30 days.
6.4. Mr. R.C.Mohanty, learned counsel appearing for Opp.
Party Nos.2 & 3 accordingly contended that since in lieu of
Online classes for the duration of 11 months 21 days and as
reflected in letter dtd.05.06.2023 so issued by the Institute
under Annexure-2 series, Petitioner compensated 9 months 10
days and the net deficit being 2 months 11 days, Petitioner’s
claim is not covered, as per the letter issued by Opp. Party
No.2 on 06.08.2024 under Annexure-B/2, so approved by the
Page 10 of 18
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National Medical Commission in his letter dtd.23.09.2024
under Annexure-C/2. It is accordingly contended that since
deficit in the case of the Petitioner is more than 2 months 11
days, Petitioner has been rightly directed to undergo 2 years
Internship vide the impugned order dtd.17.01.2026 under
Annexure-6 of Opp. Party No.2. Contents of letter
dtd.06.08.2024 under Annexure-B/2 and the approval made
by the National Medical Commission in its letter
dtd.23.09.2024 under Annexure-C/2 reads as follows:
xxx xxx xxx
The internal Committee of the Odisha Council of
Medical Registration (OCMR) discussed in detail
regarding the public Notice in reference as above
which speaks "all students who have sufficiently
compensated classes in physical onsite in lieu of
the online classes and subsequently passed
examination equivalent to MBBS In India, shall be
eligible for one year mandatory internship as
specified in the CRMI Regulation 2021".
But it is noticed that if a doctor has compensated
his/her online study in offline mode as given by
university falls short of a few days in comparison
to Transit VISA the doctor has to do one more year
of internship. The house deliberated minutely on
this issue & came to a conclusion that for the future
of the young doctors on humanitarian ground if this
short falls is within or equivalent to one month (30
days) the same may be condoned and the doctor
may be allowed to undergo 1 year of internship.
OCMR has also requested for your kind guidance
on this issue earlier multiple times.
This will be strictly an one time measure and will
not be a precedence for any future occasion. It is
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requested that the same may please be allowed
keeping in view the bright future of the young
doctors.
xxx xxx xx
“To Dated, the 23.09.2024
The Registrar,
Office of the Odisha Council of Medical Registratin,
th
A1, 4 Floor, Toshali Bhawan (Backside Gate),
Satyanagar, Bhubanewar-751007,
Odisha, India.
Subject:- Internship of FMGs regarding .
“ I am directed to refer to your lettr No.814 dated
06.08.2024 on the subject cited above.
2. In this regard, it is to inform you that the
UGMEB of NMC has no objection to the Council’s
proposal mentioned n the aforesaid letter and
therefore necessary action may be taken
accordingly.
3. This issues with the approval of Competent
Authority, UGMEB.”
6.5. Mr. R.C. Mohanty, learned counsel appearing for
Opp. Party Nos.2 & 3 further contended that similar
issue was not entertained in Writ Petition (Civil) No.607
of 2022(Archita and Others Vs. National Medical
Commission & Others).
6.6. Making all these submission, learned counsel
appearing for Opp. Party Nos.2 & 3 contended that
Petitioner has been rightly directed to undergo 2 years
internship vide order dtd.17.01.2026 under Annexure-6
and it requires no interference.
Page 12 of 18
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7. To the submission made by the learned counsel
appearing for Opp. Party Nos.2 & 3, learned counsel
appearing for the Petitioner contended that since one
year Internship in the nature of one year CRMI is
provided under CRMI Regulation, 2021, notified by the
National Medical Commission on 18.11.2021 under
Annexure-13 series is not applicable to the case of the
Petitioner, Petitioner is not required to undergo one year
CRMI, so directed in terms of CRMI Regulation, 2021 vide
order dtd.17.01.2026.
7.1. It is also contended that even though Dr. Arabinda
Mohapatra was having deficit of 1 month 5 days and in
terms of letter dtd.06.08.2024 under Annexure-B/2 so
approved under Annexure-C/2, such deficit equivalent to
30 days can be condoned, but Opp. Party No.2 on the
face of such deficit of 1 month 5 days allowed one year
Internship in favour of Dr. Arabinda Mohapatra. It is
accordingly contended that since deficit of more than 30
days has been condoned in the case of Dr.Arabinda
Mohapatra, Petitioner being similarly situated, is also
Page 13 of 18
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entitled to get the benefit of exemption in terms of letter
dtd.06.08.2024 under Annexure-B/2.
7.2. However, it is vehemently contended that since
CRMI Regulation, 2021 is not applicable to the
Petitioner’s claim, Petitioner by no stretch of imagination
could have been directed to undergo one year CRMI so
provided under the aforesaid Regulation.
8. Having heard learned counsel appearing for the parties
and considering the submission made, this Court finds
that Petitioner took admission to prosecute 6 years
Degree of M.D in General Medicine in S. Tentishev Asian
Medical Institute, Kyrgyzstan on 31.10.2017. The fact
which is not disputed, Petitioner because of COVID-19,
came back to India on 22.07.2020 and left for Kyrgyzstan
to attend the Institute on 13.11.2021. Accordingly,
Petitioner remained out of the Institute for a total
duration of 15 months 21 days.
8.1. But the said deficiency was duly compensated by the
Petitioner by attending the classes in physical mode for a
duration of 9 months 10 days so reflected in letter
Page 14 of 18
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dtd.05.06.2023 of the Institute under Annexure-2 series.
Basing on such Certificate issued by the Institute on
05.06.2023 under Annexure-2 and the pass certificate
issued by the Institute under Annexure-3, Petitioner was
allowed to take the screening test so conducted by the
National Board of Examination in Medical Sciences.
Petitioner as found from Annexure-4 qualified the
screening test and thereafter was provisionally registered
by Opp. Party No.2 on 07.01.2026.
8.2. As found, Petitioner while being given a posting in
SRM Medical College and Hospital, Bhawanipatna vide
order dtd.17.01.2026 under Annexure-6, was directed to
undergo 2 year Internship, i.e. one year Clerkship + one
year CRMI.
8.3. As found, Internship of one year CRMI is prescribed
under CRMI Regulation, 2021 so notified by the National
Medical Commission on 18.11.2021 under Annexure-13
series. As provided under Regulation 5(1)(b) of the
Regulation, the Regulation is not applicable to the
candidates, who are pursuing their education prior to
Page 15 of 18
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coming into force of those Regulations. The fact which is
not disputed Petitioner took admission to prosecute M.D
in Medicine on 31.10.2017. Therefore, in view of the
provisions contained under Para-5(1)(b) of the 2021
Regulation, the said Regulation is not applicable to the
Petitioner’s case. Therefore, it is the view of this Court
that direction issued to the Petitioner to undergo one year
CRMI in addition to one year Clerkship vide the
impugned order dtd.17.01.2026 under Annexure-6, is not
tenable in the eye of law.
8.4. It is also the view of this Court that for the period
Petitioner remained in India because of COVID-19 from
22.07.2020 to 13.11.2021, was duly compensated by
attending the classes in physical mode in lieu of Online
classesfor a duration of 9 months 10 days, so reflected in
letter dtd.05.06.2023 of the Institute under Annexure-2
series. Since Petitioner, as per the Institute norm,
compensated the classes in physical mode, in lieu of
Online classes, the calculation made by Opp. Party Nos.2
& 3 that the shortfall is around 2 months 11 days and
Page 16 of 18
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accordingly it cannot be condoned in terms of Annexure-
B/2, so approved under Annexure-C/2, is not acceptable.
8.5. Since Petitioner has duly compensated for the period
she remained in India because of COVID-19 by attending
physical classes, so reflected in the Certificate issued on
05.06.2023, the same cannot be disputed after allowing
the Petitioner to take the screening test so conducted by
the National Medical Commission under Annexure-4 with
provisional Registration being issued by Opp. Party No.2
under Annexure-5.
8.6. It is therefore the view of this Court that the short-
fall indicated in the counter is without any reason and
basis on the face of the letter issued by the Institute on
05.06.2023 under Annexure-2 series. It is also the view
of this Court that since delay of more than 30 days in
terms of letter dtd.06.08.2024 under Annexure-B/2, has
been condoned in the case of Dr. Arabinda Mohapatra,
Petitioner being similarly situated is also entitled to get
the benefit of exemption.
Page 17 of 18
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8.7. In view of the aforesaid analysis, this Court is
inclined to interfere with the direction contained in order
dtd.17.01.2026 under Annexure-6, so issued by Opp.
Party No.2, so far as undergoing Internship of one year
CRMI is concerned. This Court while so interfering
accordingly held the Petitioner liable to undergo one year
Internship in place of two years so reflected in the
impugned order dtd.17.01.2026 under Annexure-6. This
Court accordingly directs Opp. Party Nos.2 & 3 to allow
the Petitioner to undergo the Internship for a period of
one year in place of 2 years.
9. With the aforesaid observation and direction, the Writ
Petition stands disposed of.
(Biraja Prasanna Satapathy)
Judge
Orissa High Court, Cuttack
th
Dated the 4 November, 2026/Sangita
Signature Not Verified
Digitally Signed
Signed by: SANGITA PATRA
Reason: authenticaton of order
Location: high court of orissa, cuttack
Date: 04-Nov-2026 16:29:16
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