SC adjourns plea seeking accommodation of Ukraine returned medicos in Indian medical colleges, next hearing on September 15
New Delhi: The plea seeking accommodation of Ukraine returned medicos in the Indian medical colleges got adjourned by the Supreme Court on Monday as the top court bench granted time to the Government pleader for taking instructions from the Union Government.
A bench headed by justice Hemant Gupta listed the matter for September 15. The matter was adjourned after Solicitor General Tushar Mehta stated that he needs to take instruction on the matter, adds ANI.
Requesting the bench also comprising of Justice Sudhanshu Dhulia for allowing to take instructions from the Ministry, the Solicitor General referred to the report by the Committee of External Affairs, which had earlier taken favourable view on the Ukraine returned medicos.
The plea was filed by evacuated students, who have sought the urgent indulgence of this 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 of them. The unfortunate events in Ukraine have led to the evacuation of students and consequently, their education has inevitably come to a stand-still.
One of the petitions was filed through advocate Ashwarya Sinha said the education of about 14,000 evacuated Indian students has come to a complete halt as their careers stand to be irreparably jeopardized and their fundamental rights protected under Articles 14, 19 and 21 of the Constitution of India have become illusory.
The advocate also said the evacuated students including the Petitioners herein are going through immense mental hardship and agony since their entire career hangs in ambiguity and their education has virtually come to a standstill since February 2022, with no foreseeable restoration of peace in the war-torn country.
"The unfortunate situation which has transpired in the present case is that the Petitioners are neither in a position to resume their education at their respective institutions in Ukraine nor permitted to continue their education at institutions in India under the present regulations," the petition said.
In seven separate pleas, the petitioners placed reliance upon the recent report submitted by 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.
As per the latest media report by Live Law, during the previous hearing, the bench had recorded in the order the recommendation made by the Lok Sabha Committee. Now, referring to the Committee report, the Solicitor General Tushar Mehta submitted before the court, "Your lordships have referred to the committee of External Affairs, it seems they have taken a favourable view. I need to get instructions from the Ministry."
Agreeing to the prayer, the bench on Monday adjourned the plea for further hearing on September 15, 2022.
Previously, the bench questioned the Government about the compliance of the earlier order by the top court, which had directed the authorities for framing a policy/scheme for the students who could not complete their medical education abroad as a result of the pandemic.
Regarding this, the bench was informed that the students who have completed their courses but could not fulfill the mandatory criteria of internship, have been allowed to pursue the same in India. However, for the Ukraine returned medical students, the problem is different since not all of them are in the final year.
ANI adds that filing the plea, the petitioners have sought to issue an appropriate direction under Section 45 of the National Medical Commission Act, 2019, upon the NMC to frame guidelines and SOPs for the migration of Indian medical students who have been evacuated from Ukraine to Indian Medical Colleges as a one time measure in the equivalent academic year.
Besides, the plea also sought to issue direction upon the Centre to issue necessary directions under Section 46 of the National Medical Commission Act, 2019; and an appropriate direction upon the respondents to provide adequate infrastructural/academic and financial support for the continuation of medical education of the evacuated Indian students from Ukraine.
Prayer has also been made for formulating guidelines by exercising jurisdiction conferred under Article 142 of the Constitution of India in light of the extraordinary situation on account of the ongoing war in Ukraine for protecting the interests of the evacuated students and their migration to Indian Medical Colleges.
While on the one hand, the Ukraine returned medicos are yet to get any clarity regarding their future, recently while answering the frequently asked questions, the National Medical Commission had clarified that Ukraine returned Foreign Medical Students cannot be accommodated in the Indian medical colleges.
