Jayesh Jotangia wins an appeal at the General Medical Council

Author: Reporter
In: News Published: Wednesday 22 February 2017


GMC Panel hand down decision concluding that foreign doctor seeking registration in the UK did have sufficient evidence of clinical experience to meet the criteria.

The case involved an Indian qualified doctor seeking registration in the UK, through the grant of a licence to practise in the UK pursuant to Section 21B of the Medical Act 1983.

In April 2016, the doctor’s registration application for a full practising licence was rejected by the GMC. On appeal at the High Court, the GMC were ordered to re-try the matter.

At the new hearing on 22 February 2017, the Indian qualified doctor was represented by barrister Jayesh Jotangia.

Argument was lead as to whether the doctor could satisfy guiding criteria on registration as set by the GMC, notwithstanding a break in a 12-month internship programme. The hearing involved: analysing the specific modules of various faculties of medicine; the length of time in which the majority of it was completed in; and in what time. The GMC argued that it could not allow registration because the break was substantial. However, the new GMC Panel held on the facts of this case, that as 88% of the 12-month internship programme had been completed within a period of 10 ½ months, the criteria for registration as a foreign doctor was met.

This case demonstrates that, for those applications for registration made pre-December 2015, foreign qualified doctors rejected by the GMC because of breaks in their internship, do in fact have a chance of overturning that decision by appealing to the GMC Panel.