NMC to move Supreme Court against Delhi HC order on MBBS migration ban
National Medical Commission
New Delhi: After the Delhi High Court struck down the blanket ban on migration of MBBS students under the NMC Graduate Medical Education Regulations, 2023, the National Medical Commission (NMC) is planning to move the Supreme Court challenging the high court's judgment.
According to Education Times, the apex medical commission is preparing to file a Special Leave Petition (SLP) in the Supreme Court challenging the recent Delhi High Court judgment that struck down the blanket ban on MBBS student migration.
In 2023, the Undergraduate Medical Education Board (UGMEB) of the National Medical Commission (NMC) stopped the migration of MBBS students from one medical institute to another.
In the GMER 2023, which was published in the official Gazette on June 02, 2023, NMC UG Board addressed the issue of student migration and mentioned, "No student designated to a Medical Institution, notwithstanding anything stated in these regulations, shall seek migration to any other Medical Institution."
Following this, while hearing a petition filed by a medico who suffers from 40 per cent visual impairment, sought migration to Delhi, citing deterioration of his eye condition due to the harsh climate in Barmer and the need for treatment at AIIMS Delhi, the division bench of the Delhi High Court ruled that such a complete prohibition is manifestly arbitrary and violative of constitutional protections.
Also read- Delhi HC quashes NMC regulation banning MBBS migration
It further ruled that Regulation 18 of the Graduate Medical Education Regulations, 2023, which imposed a total ban on migration of undergraduate medical students, cannot be sustained in law and that the impugned provision violates Article 14 of the Constitution as it fails to account for exceptional and compassionate circumstances.
Besides, the high court directed the authorities to reconsider the transfer request of a visually impaired medical student seeking to migrate from a Rajasthan medical college to Delhi on medical and disability-related grounds and also instructed the NMC to frame a new, proper policy allowing migration under necessary safeguards.
In response, the NMC has decided to file a Special Leave Petition (SLP), as it is not willing to reopen the transfer window immediately. The Commission fears that doing so could bring back the malpractices that existed in the system before the blanket ban was imposed in 2023.
Speaking to Education Times on the condition of anonymity, NMC officials said, "The Under-Graduate Medical Education Board (UGMEB) is presently in the process of filing an SLP challenging the judgment. Under GMER 2023, the provision relating to migration has been categorically stopped, leaving no scope for permitting migration under any circumstances. Since the matter is now subject to the outcome of the Supreme Court's verdict, no policy decision has been taken to broaden the migration criteria, beyond what may be legally necessitated."
Commenting on the issue, Federation of All India Medical Association (FAIMA) Patron, Dr Sandeep Dagar, told Medical Dialogues, "The issue of MBBS student migration needs a balanced, constitutionally sound and academically robust framework. While the Delhi High Court has struck down the blanket ban, citing arbitrariness and violation of fundamental rights, it has also clearly indicated that a regulated migration policy can exist ... not an unregulated system."
He further said, "From the medical fraternity and student perspective, our concern is two-fold !! First, genuine hardship cases such as disability, serious health issues or extreme family circumstances must have a humane pathway. Second, migration should not become a backdoor for merit dilution, seat trading, or disruption of state medical education planning. If NMC is approaching the Supreme Court, the focus should ideally be on getting clarity on regulatory powers while simultaneously evolving a safeguards-based migration policy with strict eligibility criteria, limited windows, and transparent approval mechanisms. The ultimate goal should be to protect both student welfare and the sanctity of medical education in India."
The blanket ban, introduced in 2023, was a direct response to rampant corruption during medical admissions. Under the 1997 regulations, migration was allowed up to 5% of a college intake, a provision that authorities say was systematically exploited.
The Delhi High Court has told the NMC to make a new migration policy that is fair and practical, while also respecting students’ dignity. But officials have said that simply bringing back the old rules is not possible.
A Health Ministry official said the earlier system failed because it became like a business deal. Some colleges were allegedly using migration to make money. They were demanding very high amounts just to issue a No Objection Certificate (NOC).
The official said that if a new policy is introduced, it must be very strict. Instead of allowing up to 5% migration, the limit could be reduced to just 1–2%, and only in very rare and genuine cases. The new system must also be strong enough to resist pressure from VIPs and private groups. The official warned that unless authorities can resist such influence, the misuse of migration rules could happen again.
A senior official from the Ministry of Health and Family Welfare (MoHFW), said, "The system was being manipulated earlier. A significant number of students with low merit scores would secure admission into private colleges or deemed universities initially. Later, they would use the migration provision as a ‘backdoor entry’ to shift into government colleges or better-ranked private institutions, effectively bypassing the NEET merit list."
"The VIPs and influential figures often gamed the system to facilitate transfers of students as per their convenience. The ban was essentially a reactionary measure—an admission that the system was struggling to police the individual cases. However, in closing this window to stop the ‘backdoor entries,’ we inadvertently shut the door on genuine cases as well," he added.
