PIL In Delhi High Court Seeks Directions To Ensure Continuity Of Education For 20K Medial Students Returning From Ukraine

Pravasi Legal Cell has moved the Delhi High Court seeking directions on Central Government and the National Medical Commission for taking appropriate steps to ensure continuity of education for medical students returning from Ukraine, in medical colleges here from the stage from which their study has bee disrupted.

Filed through Advocate M.P. Srivignesh, the plea prays that as per data, there are about 20,000 Indian students who were studying in Ukraine and in the present situation, there is no end in sight for the miseries of such students making their life uncertain.

"The present Petition is preferred by the Petitioner to bring to the notice of this Hon'ble Court, the plight of the Indian medical students rescued from war-hit Ukraine that has the potential of disrupting the careers of several thousands of young men and women who have already gone through the trauma of being in the war zone," the plea states.

Adding that a medical degree earned from Ukraine is also accepted by National Medical Commission, the plea refers to the National Medical Commission (Foreign Medical Graduate Licentiate) Regulations, 2021 as per which the entire course, training and internship or clerkship shall be done outside India in the same foreign medical institution throughout the course of study.

Accordingly, the plea states that at present there are no norms or regulations in India to accommodate medical students who were studying abroad and had to return to India midway, in Indian medical colleges in between an academic session.

The plea also refers to a circular issued by the National Medical Commission dates March 4, 2022 allowing payment of stipend to those who qualify the Foreign Medical Graduate Exam in India.

In this backdrop, the plea avers thus:

"However, the above circular is not of much use to students who have been rescued from Ukraine as many of them are in the second, third or fourth year of studies and have not completed their degree yet. To qualify for the stipend, one has to complete the degree, appear for the exam, qualify and then get the internship."

The plea states that Article 21 would also include the right to access and continuance to medical education in India by students of India who are forced to leave their medical education abroad due to present scenario.

"The Respondents should make appropriate step to accommodate the medical students returning from Ukraine and permit them to complete their education in Indian medical college with appropriate Indian or foreign degree as an emergency and one time measure. Such one-time exception for war affected Indian Students studying abroad is in consonance with India's constitution scheme of availability of fundamental rights including right to life, justice, equity and fair play and goes well with the ideals of India as a true welfare state," the plea states.

Advocate Jose Abraham representing the petitioner states that the plea is likely to be heard on March 21.

Case Title: Pravasi Legal Cell v. Union of India & Anr.