Sakina Tashrifwala
Published on: 11 September 2022 at 19:34 IST
The Supreme Court on Friday issued notice in pleas looking for directions from the concerned authorities to formulate and administer guidelines for undergraduate medical students evacuated from Ukraine in Indian Medical Colleges in the exercise of powers under the National Medical Commission Act, 2019.
A bench comprising Justice Hemant Gupta and Sudhanshu Dhulia was notified by Advocate Mr. Rahul Shyam Bhandari that the other batch of petitions with similar issues are coming up for hearing on September 15, 2022.
The Court further issued notice to the Union Government, Ministry of Health and Family Welfare, and National Medical Commission in the present batch of petitions. The bench made it returnable on September 15, 2022.
The petition further argues that most of the students had to give up their education to escape the atrocities of the war. This should not be a factor that could jeopardize the careers of the students.
The petition seeks urgent directions to frame guidelines to accommodate them in Indian medical colleges. It also seeks the indulgence of the Apex Court to uphold their fundamental rights under Articles 14, 19,(1)(g) and 21 of the Constitution of India.
The petition was presented to smaller authorities before approaching the apex court. Since no action was taken, they were forced to present it before the Supreme Court. The lives of 200 students affected by the Ukraine-Russia war were dependent on them.
According to the petition, engineering students who were evacuated from Ukraine under similar circumstances were admitted to Indian engineering colleges under the All India Council for Technical Education’s circular dated July 7, 2012.
To uphold the values of equality, medical students should also have been extended such opportunities. The petition highlighted that some Ukrainian universities are taking coercive steps against students, asking them to return to college amidst the war and also pay full tuition fees.
The countries, including Russia and Georgia, have represented before the Ministry of External Affairs and the National Medical Commission that the affected students can continue medical courses at their universities.
The petition states that given the Ukraine-Russia war that commenced in February 2022 and still persists, it would not be reasonable for students to take this offer at the cost of their lives.
The court directed guidelines for post-graduated students were, “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….”
Referring to the order in National Medical Commission v. Pooja Thandu Naresh, the petition argues that the Apex Court had already passed certain directions benefitting the PG medical students.