Migration ban on medics invalid, Delhi HC asks NMC to frame policy

NEW DELHI: The Delhi high court has held as invalid prohibition on transfer or migration of a medical student from one college to another, and has directed National Medical Commission to formulate a “proper policy” to permit migration.

A division bench of Chief Justice D K Upadhyaya and Justice Tejas Karia zeroed in on Regulation 18 of the Graduate Medical Education Regulation, 2023, and termed it “unreasonable and arbitrary”, and violating the Constitution.

The bench was dealing with a petition by a medical student with 40% visual impairment who sought migration from Govt Medical College, Barmer to a college in Delhi. The court directed NMC to take a decision within three weeks on the petitioner’s transfer request.

“What we find is that in the name of maintaining uniformity, standard and integrity in the matter of medical education across the institutions, total prohibition on transfer or migration of a student, need of which may occur in various situations, including the one which arose in this case, cannot be said to be reasonable; rather, in our opinion, such prohibition is manifestly unreasonable and arbitrary,” the high couty said in its order on Feb 4.

The bench observed NMC’s stand that migration was prone to misuse could not be sustained, as the possibility of abuse could not be used to deny legitimate rights to a citizen.

The court noted that the medical condition and capabilities of the petitioner were worsening on account of the harsh climate in Barmer, and the Rights of Persons with Disabilities Act mandated public bodies to ensure that persons with disabilities (PWDs) were provided “reasonable accommodation” and an “appropriate environment”. Provisions enacted by Parliament, the court said, cannot remain only a decorative and admirable piece of literature kept on a bookshelf.

The judges further observed that NMC’s stand that the petitioner was aware of the weather conditions in Barmer before joining a college there was “nothing short of rubbing salt into the wounds”.

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