Delhi High Court has declared the complete ban on college transfer of medical students as unconstitutional. file photo
Jagran correspondent, New Delhi. Delhi High Court has declared as invalid the complete ban on transfer or migration of a medical student from one college to another. On a petition by a student, a bench of Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia directed the National Medical Commission (NMC) to formulate a proper policy allowing migration with necessary conditions.
The Court held that Regulation 18 of the Graduate Medical Education Regulations, 2023 is clearly unreasonable and arbitrary, and therefore unconstitutional. Providing relief to the student, the bench directed that the petitioner's transfer request be decided within three weeks.
The court said that in the name of maintaining uniformity, standards and honesty in medical education in all institutions, a complete ban on transfer or migration of any student cannot be justified. The court opined that such a ban is clearly unfair and arbitrary. With this observation, the Court declared Regulation 18 of the Graduate Medical Education Regulations, 2023 as invalid.
The court said that the NMC's stand regarding the possibility of misuse of migration cannot be justified, because the possibility of misuse cannot be used to deprive a citizen of his legitimate rights.
The bench made these observations and issued the order while hearing a petition filed by a medical student, who is 40 percent visually impaired. The student had sought transfer from Barmer Government Medical College to some college in Delhi.
The student argued that his medical condition and abilities were deteriorating due to the environment of Barmer. The student said that under the Rights of Persons with Disabilities Act (PWD Act), it is mandatory for public bodies to ensure that reasonable facilities and appropriate environment are provided to persons with disabilities.
The court said that the provisions made by the Parliament cannot remain merely decorative and appreciable literary objects kept in the bookcase. The bench commented on the NMC's stand that the student had prior knowledge about the weather conditions in Barmer, saying it was like rubbing salt on the petitioner's wounds.
The petitioner had no option but to accept the seat in the Government College, Barmer, not because of his low merit but because he was denied the right to participate in the initial round of counselling. It was only after the court's intervention that he was able to attend the counseling at the last minute, by then there were only a few options left. End
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