Centre reiterates its inability to accommodate Ukraine returned medicos, Files affidavit on data of students availing Academic Mobility Programme
New Delhi: Reiterating its decision of not accommodating the Ukraine returned medicos in the Indian system, the Central Government in a recent affidavit has informed the Supreme Court about the data of Ukraine returned Indian students who used the Academic Mobility Programme.
The Centre on Tuesday informed the Supreme Court that out of a total 15,783 Indian students who had enrolled in Ukrainian medical universities, 14,973 are undergoing online classes, which have been conducted by the universities, adds IANS.
"It is submitted that information has been obtained from Ministry of External Affairs that a total 15,783 Indian students are enrolled in various medical universities of Ukraine, out of which 14,973 students are undergoing online classes conducted by concerned medical universities of Ukraine, and 640 students are undergoing offline mode of education in Ukraine. 170 students enrolled with Ukrainian universities are pursuing their education at partner universities in other countries under academic mobility programme," read the affidavit submitted by the Ministry of Health and Family Welfare.
It added that though 382 students applied for academic mobility, their applications were not accepted either by the Ukrainian university or the receiving partner university, because of various reasons, which included non-payment of fee, poor academic record, or non-availability of free seats.
However, the counsels for the petitioners pointed out that the Union Government had not served the affidavit dated November 21 to them. Taking note of the same, the top court bench ahs adjourned the pleas and posted the matter for further hearing on November 29.
"In deference to the Order dated 11.11.2022, the Ministry of Health and Family Welfare, Government of India has filed Compliance Affidavit dated 21.11.2022. It appears that the copy thereof has not been provided to learned counsel for the petitioners or the other respondents," the bench noted.
Meanwhile, the Additional Solicitor General Aiswarya Bhati informed that the Centre had filed the affidavit on the data of returned Indian students who used Academic Mobility Programme. Referring to the submission that the affidavit was not served, the ASG assured the court that it would be done on the same day and stated, "It happens through Central Agency section. I'll make sure that my office serves a copy of the affidavit."
Taking note of the submission of the Additional Solicitor General, the Court listed the matter on November 29, 2022. The bench mentioned in the order, "Learned Additional Solicitor General states that the copy of the same shall be circulated to all the learned counsel for the parties during the course of the day. Post these matters for hearing on 29.11.2022(NMD)."
The bench was considering a batch of petitions seeking to allow nearly 20,000 Indian students who had to return from Ukraine after Russia's attack. The plea was filed by evacuated students, who have sought the urgent indulgence of the Supreme court in light of the extraordinary situation which has presented itself in the aftermath of the Russia-Ukraine war crisis which has gravely impeded their education.
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.
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".
On September 16, the top court suggested that the Central government could develop a web portal providing details of foreign universities for the Ukraine-returned students to complete their studies, as per the government's academic mobility programme.
The top court noted that the government has a problem in admitting 20,000 students in Indian colleges and added that students will have to go to foreign countries to avail alternate 'academic mobility programme', and the government must coordinate with them and extend all help.
Consequently, on November 11, the Supreme Court had asked the Centre to file an affidavit to inform it about the number of medical students who were pursuing their studies in Ukraine who have been accommodated in other countries.
In its order, the bench of Justices Aniruddha Bose and Vikram Nath asked Additional Solicitor General Aishwarya Bhati, appearing for the Centre, to file an affidavit specifying the details of the number of medical students who have been accommodated in third countries and how the scheme was progressing.
Now, submitting an affidavit, the Central Government on Tuesday has informed the Supreme Court that out of a total The Centre on Tuesday informed the Supreme Court that out of a total 15,783 Indian students who had enrolled in Ukrainian medical universities, 14,973 are undergoing online classes, which have been conducted by the universities.
The affidavit further stated that applications of 382 students were rejected by Ukrainian Universities or the receiving partner university because of various reasons including non-payment of fee, poor academic record, or non-availability of free seats.
As per the latest media report by Live Law, during the hearing of the case on November 22, the counsel for the petitioners submitted that India being a signatory to the Geneva Convention, the students who are stuck in Ukraine would be 'victims of war' and therefore protected.
It was submitted by the petitioners' counsel, "Even if we want to get admissions anywhere, we are protected as per the Geneva Convention as war victims. There are a number of incentives which are given to us internationally….Let the Government consider this aspect, it will help us. We, being in the international committee, this is the first thing that should happen."
However, the bench clarified that the Government has already taken a decision and informed the same through their affidavits. Responding to this, the counsel for the petitioners submitted, "There are reservations with the government, we are fully aware. They picked us up from there in the shortest of time."
At this outset, the bench pointed out, "Protection of convention can't be given to one set of petitioners…. How many times do we ask them [Centre] to consider."
Meanwhile, the ASG pointed out that the Indian Government had used its offices to help the students who were stuck in Ukraine. The ASG submitted, "The GOI has acted with a lot of quickness, has used its good offices on both sides. The manner in which out students were brought out and are being taken care of. Today also, this is not an adversarial litigation. We are ready to give a helping hand to the students. First to fourth year can't be accommodated in the Indian system because that will disrupt the Indian system medical education. So, their accommodation has to be by way of academic mobility."
During the end of the proceedings, another counsel for the petitioner, Senior Advocate Gopal Sankarnarayan submitted that few matters needed to be de-tagged since the issue was slightly different. He pointed out that the issue was about students being unable to complete their Clinical training in China and Philippians.
In the plea, the petitioners have relied upon the findings of the Lok Sabha Committee on External Affairs. Medical Dialogues had earlier reported that while submitting its report on August 3, the committee addressed the plight of thousands of Indian students pursuing medical and other courses in Ukraine and China as they are not being able to return to these countries.
The panel headed by P P Chaudhury in its 15th report on "Welfare of Indian Diaspora: Policies/Schemes" has urged the MEA to pursue the matter with the health ministry vigorously as this step may solve the current crisis being faced by the students enrolled in Ukrainian universities
Addressing the issue of Ukraine-returned medicos, who had to leave their studies incomplete because of the war-hit situation, the report stated, "These students have been left in a quandary as they could not re-join their courses physically or complete their internship or training in India."
"The committee has been informed that MEA had recommended to the Ministry of Health and Family Welfare to consider allowing Indian private medical institutions to enrol returnee students from Ukraine in their institutions on a one-time exemption basis," it said.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/sc-order-ukraine-191894.pdf
