SC issues notice to NMC on pleas seeking accommodation of Ukraine returned students in Indian Medical colleges
New Delhi: While considering several pleas seeking allotment of around 20,000 Ukraine-returned medical students in the medical colleges in India, the Supreme Court on Friday issued notice to the National Medical Commission (NMC) and other concerned parties.
Taking note of the fact that these medicos had to go abroad since they could not afford the fees in the private medical colleges in India, the top court bench comprising of Justices Hemant Gupta and Vikram Nath has listed the matter for further hearing on September 5, 2022.
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.
The Medical students who returned to India from war-hit Ukraine are yet to get any clarity regarding their future. Earlier, several organizations had come forward urging the authorities to accommodate these medicos in the Indian Institutes as a one time measure.
However, 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.
At such an outset, several pleas have been filed before the Apex Court seeking relief for thousands of Ukraine returned medicos by allowing them to complete their medical education in India.
As per the latest media report by Live Law, referring to the report of the Lok Sabha Committee on External Affairs, the petitioners have urged for appropriate decision from the Union Government and the NMC.
Taking note of the plea, the bench remarked, "There are 20,000 students. Do India have the capacity to accommodate these students? You are not meritorious students in India".
However, the counsel for one of the petitioners, Senior Advocate Ravi Sikri defended their plea by pointing out that the petitioners are not "less meritorious". The counsel further clarified that these medicos had to go abroad as they were unable to afford the high fees in the private medical colleges in India.
Besides, the counsel for the students argued that they had also cleared the NEET exam. However, they could not get enrolled in the government quota medical seats in India, which are limited in number.
Responding to this, the top court bench observed, "We are not going into the merit of the students. The fact is you chose Ukraine, chose not to be in India. It was a voluntary act."
Meanwhile, Senior Advocate R Basant, who represented a group of Foreign Medical students belonging to Kerala, argued in the similar line and pointed out that the students are unable to go back to their parent institutes because of the ongoing war situation.
At this outset, 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.
The counsel for the students, Advocate Basant pointed out that the Central Government has power for issuing directions to the Apex Medical Body NMC under Section 45 of the NMC Act, 2019 and argued that such powers should be invoked for providing relief to thousands of medical students who had to leave their studies midway fleeing from the war hit Ukraine.
"It is not that we are not qualified. If we had money, we could have gone into a private college here", the counsel was quoted submitting.
Referring to the recommendations made by the Lok Sabha panel, Senior Advocate Manoj Swarup sought directions to Centre in this regard and submitted, "Central Govt has extraordinary powers to do in a situation like this. They have not done it and we have come to court requesting to direct the Govt to do."
Taking note of the matter, the bench issued notice to the authorities and listed the matter for further hearing on September 5.
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