Find Solution for Ukraine Returned Medicos within Six Weeks: SC tells Centre

New Delhi: Observing that the matter concerning the problems faced by the Ukraine Returned medicos cannot be delayed any further, the Supreme Court on Wednesday granted the Central Government six weeks time for finding a solution.

The top Court bench comprising of Justices BR Gavai and Vikram Nath adjourned the matter for six weeks. It was submitted by the Additional Solicitor General of India Aishwarya Bhari that following the directive of the Supreme Court, the Central Government had constituted an expert committee, which has already met once.

"They also want to do some consultation with the States. Kindly give us six more weeks so we can find a solution. This is for penultimate year students," the counsel for the Central Government submitted.

Around 20,000 Indian Students had to return from war-torn Ukraine leaving their medical education midway. Seeking relief, a batch of pleas had been filed before the Supreme Court praying to allow these students to be accommodated in the Indian medical education system.

Medical Dialogues had earlier reported that previously the Central Government had filed an affidavit before the Supreme Court stating that Indian medical students who returned from Ukraine cannot be accommodated in Indian universities as there is no provision in the National Medical Commission Act allowing it.

Also Read: Accommodation of Ukraine Returned Medicos Discussed in Supreme Court, Next Hearing on December 8

In its affidavit filed in the Supreme Court, the Union Ministry of Health had pointed out it had already introduced some "proactive measures to assist the returnee students". Such medicos had been allowed by the National Medical Commission to continue their education in other countries while availing the academic mobility programme. In fact, the Union Government had filed an affidavit in this regard before the Apex court providing details of such students who have been accommodated via the academic mobility programme.

Later, Ukraine returned students had approached the Apex Court urging to provide clinical accommodation to the fourth, fifth, and sixth-year batches as a "one-time measure". Referring to a few examples of vacancies in Indian Medical Institutes from official records, these students had urged the Supreme Court to allow them practical and clinical training in India.

While considering the pleas by these students who could not complete their clinical training due to COVID-19 or war-torn situation, the Supreme Court recently asked the Union Ministry of Health, the Ministry of External Affairs and the Ministry of Home in consultation with the National Medical Commission (NMC) to find a solution for these students.

Last year, Union Minister of State for Health Dr Pawar had informed the Rajya Sabha in a written reply, "The National Medical Commission (NMC) has devised a scheme under which Indian students who were in the last year of their undergraduate medicine course (due to COVID-19, Russia-Ukraine conflict etc. had to leave their foreign medical institute) and have subsequently completed their studies as also have been granted certificate of completion of course/degree by the respective institute, on or before 30th June, 2022, are permitted to appear in Foreign Medical Graduate Examination."

As per the latest media report by Live Law, last month, the top court bench had asked the Central Government for setting up a committee of experts for finding out solutions for the Ukraine returned students as the court had observed that these students could be national asset when the country was facing a shortage of doctors.

Also Read: FMGs with course completion certificate allowed to appear for screening test: MoS Health

During the hearing of the case on Wednesday, the counsel for the petitioner students pointed out that all students belonging to first to fifth years are affected as the war in Ukraine was "still raging."

Responding to this, the bench observed, "We are very slow in interfering in such matters. Sometimes there are hard cases…”

The bench further asked if the advocate was requesting for full waiver of the practical examinations. "We can't go on compromising with medical education", the Bench noted as it clarified that it was not inclined to take any decision by itself.

"We have constituted a committee. We will go by whatever it says," the bench was quoted stating by Live Law.

Meanwhile, another counsel for the students referred to the Foreign Medical Graduates Examination that took place on January 20 and argued that more students are going to get inducted and it is going to get larger. Therefore, the counsel requested the bench for a shorter date.

However, the ASG reminded the bench that the Court had directed that the solution would only be for penultimate year students and to be specific for those students who fall within the timeline prescribed by NMC.

“Allotment will happen based on this pool. If more and more students are added, and this decision comes later, then I will go back in line”, submitted the counsel.

Responding to this, the bench asked, "We have to issue notice to the UNO?"

"We are looking at the interest of these students. That’s not just admissions. They have many rights under the convention", submitted the advocate. "The Convention is a universal convention to which we are a signatory and there are lots of benefits."