SC seeks response from Centre on pleas filed by Medical Students from China praying accommodation in Indian medical system

New Delhi: The Supreme Court on Tuesday has sought the response from the Central Government on a batch of petitions filed by Indian Medical Students from China seeking to be accommodated within the Indian Medical System.

These students could not complete their clinical training, which is mandatory part of the MBBS course, because of the COVID-19 travel restrictions. Therefore, they have approached the Apex Court bench comprising Justices B.R. Gavai and Vikram Nath and prayed for a direction to accommodate them in India as an extraordinary, humanitarian measure.

Responding to the Apex Court bench's direction, the counsel for Centre, Additional Solicitor-General Aishwarya Bhati has submitted that she needed to take instructions before commenting on the stand of the Central Government in this regard.

However, ASG has also pointed out, "We are being circumspect because the license to become a doctor is not the license to treat but also to kill."

The top court bench has also decided to separately consider a batch of pleas filed by Indian Students, who were enrolled in the medical institutes in Ukraine and had to return from the war-torn country. These medicos from Ukraine have also prayed for accommodation in Indian Universities.

Back in April 2022, the Apex Court had provided major relief to the Foreign Medical Graduates from China who were unable to complete their Clinical Training due to the outbreak of COVID-19 pandemic. Medical Dialogues had reported at that time that the Supreme Court bench comprising Justices Hemant Gupta and V Ramasubramanian had directed the National Medical Commission to frame a scheme for such students within two months so that they get to finish their clinical training in India.

Also Read: Frame One time scheme for Clinical Training of pandemic hit Foreign MBBS medicos: SC tells NMC

The bench had issued directions to the NMC

"i) to frame a scheme as a one time measure within two months to allow the student and such similarly situated students who have not actually completed clinical training to undergo clinical training in India in the medical colleges which may be identified by the appellant for a limited duration as may be specified by the appellant, on such charges which the appellant determines.

ii) It shall be open to the appellant to test the candidates in the scheme so framed in the manner within next one month, which it considers appropriate as to satisfy that such students are sufficiently trained to be provisionally registered to complete internship for 12 months."

While making such observations, the bench also emphasized on the importance of clinical training and noted, "..without practical training, there cannot be any Doctor who is expected to take care of the citizens of the country."

The Top Court's directions had come in respect to the plea MBBS batch 2015-2020 and at that time the bench was considering an appeal against a Madras High Court order dated 29.7.2021 and 20.9.2021. In those orders, the HC had quashed the circulars issued by Tamil Nadu Medical Council (TNMC) in which the council had directed a Foreign Medical Graduate to undergo two months of Compulsory Rotatory Residential Internship, followed by one year of internship before granting permanent registration under the Indian Medical Council Act, 1956, which has now been repealed by NMC Act, 2019.

As per the latest media report by Live Law, recently the counsels for the medical students enrolled in China informed the top court bench that despite the earlier directions of the Apex Court, the States of Kerala and Tamil Nadu have refused to extend similar relief to the students of the batch 2016-2021, even though they had to face similar kind of travel restrictions.

Referring to this, the petitioners' counsel submitted, "This court has held that the order passed in the other batch would also be applicable to our case. Therefore, the students who joined the medical course in China in 2016 should be given the same benefits. Several state medical councils have complied. Only Kerala and Tamil Nadu have refused. This is when we are covered by two judgements of this court."

On the other hand, the counsel for Tamil Nadu State Medical Council vehemently opposed this submission and said, "These students failed to secure admission in India and that is why they went abroad. How can Indian patients be allowed to be treated by these students? They are not technically qualified." Justice Gavai then asked, "Have they passed the examinations in the foreign colleges where they are admitted? Have they passed the Foreign Medical Graduate Examination?"

Responding to this, when the counsel informed the court that the petitioners "claim" to have passed the screening test, Justice Gavai was quoted saying, "Then, we can restrict any relief to those who have passed the test."

Justice Nath further referred to the ambiguities in the scheme passed by the two states for allowing medical students from China to complete their clinical training in India. He further observed, "Either you say that the scheme covers both batches of students, or only students graduating in 2020. If it is the latter, where is the scheme for the students graduating in 2021?"

Urging the State Medical Councils to be accommodative, the Apex Court bench further said, "You have to look at this problem from a humanitarian angle. You have to find a solution."

However, responding to this, the TNMC counsel submitted, "After 3 months, another batch will stand here. This is never-ending. How can we play with human lives like this?"

Also Read: NMC approaches Health Ministry over Supreme Court direction on Clinical Training of pandemic hit Foreign MBBS medicos