Indian Medical Students Unable To Rejoin Colleges In China Amid Covid-19 Travel Curbs: Delhi HC Issues Notice To MEA, NMC

About 150 Indian medical students enrolled in China have moved the Delhi High Court, seeking permission to pursue their physical training here, as they are unable to travel to China amid Covid-19 travel restrictions.

The matter came up today before the division bench of Chief Justice DN Patel and Justice Jyoti Singh, which has issued notices to the respondents including Ministry of External Affairs and the National Medical Commission.

The plea filed through Advocates PV Dinesh, Ashwini Kumar Singh and Bineesh K. claims that careers of about 18,000 students is stake as they are stranded in India due to the pending restrictions imposed by Chinese government.

The Petitioners herein are students of medicine in the Ningbo University (China). They returned to India in early 2020 (January to March) and thereafter, unlike most Indian citizens studying abroad, could not return to their University in China as China has not lifted its travel restrictions

The plea avers that the situation is worrisome as the conduct of MBBS teaching by foreign medical universities through online mediums is not approved by the National Medical Commission (NMC), even though it is approved for MBBS students in Indian institutions.

It is further pointed out that foreign medical students are required to undertake the entire course, training and internship or clerkship "outside India in the same foreign medical institution throughout the course of study" if they desire to seek Permanent Registration to practice Medicine in India. Given the travel restrictions however, the Petitioners state that they are unable to fulfill this requirement.

 "In the present extra-ordinary circumstances, the Petitioners herein are neither being allowed to attain physical training/internships/clerkships in India by the NMC nor any clarifications being provided by the authorities regarding the approval to the online theory classes attended by them from their medical University situated in China," the plea avers.

It is further contended that they are not even allowed to get a transfer from their present Medical University in China to any other Medical University abroad apart from China in view of the Regulations, 2021.

Hence, the petitioners have sought judicial intervention in the matter.

A direction is sought upon the National Medical Commission to recognize online classes attended by the Petitioners by their universities situated in China, and allow physical training/internship/clerkship of the Petitioners after getting necessary permissions from the Ningbo University (China). Further, it is prayed to direct the Ministry of External Affairs to meet the Chinese authorities concerned and address and resolve the concerns of the Petitioners.

The court while issuing notice in the matter, asked the Respondents to consider the issue sympathetically. The counsel for the Respondents, appearing on advance notice, submitted that they will take up the issue with Ministry of External Affairs.

Case Title: Korakkandan Arshad Ali & Ors. v. Union of India