SC issues notice in another plea seeking guidelines for Ukraine Returned Medicos
New Delhi: While already two petitions have been filed before the Supreme Court seeking relief for the Ukraine returned medical students, the Supreme Court on Friday issued notice to another plea that prayed for directions upon concerned authorities for framing and implementing guidelines for assimilation of undergraduate medical students in Indian Medical Colleges.
Representing the petitioners, the Advocate Mr. Rahul Shyam Bhandari informed the Bench comprising of Justices Hemant Gupta and Sudhanshu Dhulia about similar pleas that are pending before the court for hearing on September 15, 2022.
Taking note of this, the bench issued notice to the National Medical Commission, Union Government and the Ministry of Health and Family Welfare and made the notices returnable on September 15, 2022.
In this plea, the petitioners have argued that delaying to take action regarding the crisis facing the Ukraine returned medicos would jeopardize their careers further. Therefore, the plea prays for urgent directions upon the concerned authorities for framing guidelines so that those medicos from Ukraine can get accommodated in the Indian Medical Colleges. Therefore, the plea seeks the Supreme Court's relief to these medicos for upholding their fundamental rights secured under Articles 14, 19(1)(g) and 21 of the Constitution of India.
Medical Dialogues had earlier reported about the other pleas pending before the top court bench in this regard. In several separate pleas, the evacuated students had approached the top court as they pointed out that due to the Russia-Ukraine war crisis their education has come to a stand-still.
Meanwhile, recently National Medical Forum also approached the Supreme Court and demanded to declare the Ukraine-returned medicos as war victims.
Also Read: Should Ukraine Medicos be Declared War Victims? SC to hear matter
As per the latest media report by Live Law, in the recent plea, the petitioners clarified that even though they had made representations to the concerned authorities no action was taken. Consequently, around 200 Ukraine returned medicos had no other option but to approach the Apex Court.
The plea referred to the fact that the evacuated engineering students from Ukraine have already been admitted to the Indian Engineering Colleges after All India Council for Technical Education provided relief to them via circular dated 07.04.2022. In that order, all the technical universities have been directed to consider the application of Ukraine returned engineering students.
Referring to this, the Ukraine returned medicos argued that in order to uphold the principles of equality, the medical students should also be given similar opportunities.
The plea also highlighted the fact that the Parliament on several occasions has referred to the plight of the medical students who returned from Ukraine, and argued that such observations clearly point out that the concerned matter involves a serious issue.
Besides, the petitioners suggested that if the career of these students can be saved by the help of law, their faith in the legislative process would be restored.
In the plea, the petitioners also referred to the coercive actions taken by the Ukrainian Universities, which are asking the students to come back to the college in the middle of war, and pay full tuition fees for the next academic year.
Although countries including Russia and Georgia have informed the Ministry of External Affairs and the National Medical Commission that the affected students can continue their education in there, the plea argued that amid the ongoing war situation, it would be completely unreasonable for the students to accept such offers while risking their lives.
At this outset, the petitioners also referred to the order in the case of National Medical Commission v. Pooja Thandu Naresh and argued that the top court had already directed the authorities regarding the postgraduate medical students who returned from Ukraine.
In that order, the top court had mentioned, "...Therefore, we direct the appellant 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…. "
