Supreme Court Sympathises With Medical Students Who Could Not Complete Clinical Training In Foreign Universities, Urges Centre & NMC To Find Solution

Expressing sympathy with the plight of various Indian medical students who could not complete their clinical training in foreign countries like China, Ukraine etc, due to conditions like Covid and war, the Supreme Court on Friday asked the Union Government and the National Medical Commission to find out a solution. The Court asked the Government to constitute a committee of experts to find out solutions for the students' situations, considering the fact that these students can be a national asset when the country is facing a dearth of doctors.

A bench comprising Justices BR Gavai and Vikram Nath was considering a batch of petitions which were filed by the students when they were in their penultimate years. Subsequently, the students completed the courses online and secured completion certificates. However, what come in their way was the inability to complete clinical training.

The Court noted that most of these students have completed their courses but have not been able to undergo their clinical training in their foreign universities due to the unforeseen events. Also, since they have subsequently completed their courses, they cannot go back to their universities. 

"A very precarious situation has arisen as the students have already completed their courses and now it will not be even possible for them to return to the respective institutions to complete the clinical training in so far as the relation between them and the respective institution stands severed"

The Centre and the NMC took the stand that they cannot be given relaxation as they were not in the final year. But considering the fact that they have subsequently completed the courses online and also the unforeseen events like war and the pandemic, the Court urged the authorities to have a relook.

"We find that the career of almost 500 students are at stake. They have completed 7 semesters physically and 3 online", the bench noted. The bench also noted that all the petitioners have passed the FMGE exam.

Admitting that it does not possess the expertise to second guess the decision taken by the authorities, the bench however observed that a solution must be found, considering the grave hardships faced by the students.

"If no solution is found at this stage,  their entire careers will be left at lurch and their families will be put at sufferance. Though we find that this is a fit case wherein some solution which must be evolved by the experts in the field, we refrain ourselves from issuing any directions. However, we request the Union of India, i.e the Ministry of Health, the Ministry of External Affairs and the Ministry of Home in consultation with the National Medical Commissions to find a solution to address this human problem. We are sure that the Union of India will give due importance to our suggestion and find out a solution so that the career of students, who are undisputedly an asset to the nation and particularly when there is a dearth of doctors in the country, will be positively addressed", the bench observed.

"Taking into consideration that the career of the students is at stake, we request the Union of India and the NMC to address the issue at the earliest and inform the court of a possible way out", the bench observed posting the matter to January 25, 2023.

"Give them a republic day gift", Justice Gavai orally told the Additional Solicitor General Aishwarya Bhati after dictating the order. "This is a human problem, which needs to be addressed", Justice Gavai said while asking the ASG and Advocate Gaurav Sharma to communicate the order to the Ministries and the NMC respectively.

The Court clarified that it has passed the order considering the fact that the petitioners were in their penultimate years.

"Now don't come with cases of 2nd year and 3rd year students. This is only for such students who had completed 3.5 years and who have passed their exams before June 30, 2022", Justice Gavai orally said.

The Court also noted that various states have accommodated such students, but states like Kerala and Tamil Nadu have referred the issue to the NMC.

The Court heard Senior Advocate S Nagamuthu, Salman Khurshid, Maneka Guruswamy etc on behalf of the petitioners.

Case title : Archita and others versus National Medical Commission and others WP(c) 607/2022 and connected cases.