The Supreme Court has told the Ukraine-returned Indian medical students seeking completion of education in India that it has constituted a committee of experts, which would make recommendation on the matter soon.
The Bench of Justice B.R. Gavai and Justice Vikram Nath on Wednesday adjourned the batch of petitions seeking to allow nearly 20,000 Indian students, who had to return from Ukraine due to the Russian attack, to complete their medical education in their native country.
The Apex Court observed that it did not possess expertise on the matter and hence, it was up to the Committee of Experts to decide as to what class of students should this apply.
Additional Solicitor General Aishwarya Bhati contended that the Central government has constituted an expert committee, on the directions of the Apex Court, which has already met once for arriving at a solution.
The ASG sought an additional six weeks time to consult the matter with the States, stating that this was being done for penultimate year students.
The Apex Court had ordered the Union Government in December, 2022 to constitute a committee of experts to find out solutions for the students’ situations, stating that these students could prove to be a national asset when the country was facing a dearth of doctors.
Another Advocate from the petitioners’ side pointed out that all students – first to fifth years, were affected as the war in Ukraine was ‘still raging’.
Noting that it was very slow in interfering in such matters as sometimes, there were hard cases, the Apex Court.
Further, the Bench asked if the Advocate was requesting to fully waive practical examinations.
Stating that it was not inclined to take any decision by itself, the Apex Court made it clear that it could not compromise with medical education.
Another Advocate pointed out that the Foreign Medical Graduates Examination took place on January 20. Stating that more students were going to get inducted, the Advocate sought a shorter date.
The ASG then argued that as per the Court’s directions, the solution would only be for penultimate year students falling within the timeline prescribed by NMC.
The Apex Court then observed that it was only doing this exercise on humanitarian grounds and that the petitioners otherwise did not have a case.
Mentioning the Geneva Convention, the Advocate said that the students, who were forced to leave the country because of war, had become the victims of war.
The Geneva Convention said that all over the world, the war victims would receive concessions and benefits,noted the Advocate, adding that India was a signatory to the Convention.
The Apex Court then asked whether this was on behalf of the students or a PIL?
The Advocate replied that he was filing the PIL on behalf of the National Medical Forum. The Bench then de-tagged his plea, stating that this was a larger issue to address.
Another Advocate pointed out that when NMC said they would take care of Ukraine students, they never said that only final-year students were included.
Senior Advocate R. Basant also made a similar request, drawing the attention of the top court of the country for other students apart from the final-year students.
(Case title: Archita and others vs National Medical Commission and others)