New Delhi, Feb 5 (IANS) The Delhi High Court has struck down a provision of the Graduate Medical Education Regulations, 2023, which imposed a blanket ban on migration of medical students from one institution to another, holding it to be “manifestly unreasonable and arbitrary” and violative of Article 14 of the Constitution.
A division bench of Chief Justice (CJ) Devendra Kumar Upadhyaya and Justice Tejas Karia ruled that a complete prohibition on migration fails to account for exceptional and deserving cases, particularly involving persons with disabilities, and cannot be justified on grounds of administrative convenience or apprehensions of misuse.
The CJ Upadhyaya-led bench was hearing a petition filed by a medical student with 40 per cent visual impairment, who sought migration to a medical college in Delhi due to the deterioration of his eye condition, caused by the harsh climatic conditions in Rajasthan’s Barmer.
Earlier, the National Medical Commission (NMC) had rejected his request for migration from the Government Medical College, Barmer, citing Regulation 18 of the Graduate Medical Education Regulations, 2023.
Setting aside the impugned regulation, the Delhi High Court observed that “total prohibition on transfer or migration of a student, need of which may occur in various situations, including the one which has arisen in this case, cannot be said to be reasonable”.
“In our opinion, such prohibition is manifestly unreasonable and arbitrary,” the bench held, adding that the regulation “does not permit even a most deserving student, a person with disability, like the petitioner, to seek transfer, keeping in view the statutory mandate” under the Rights of Persons with Disabilities Act, 2016.
It took note of the petitioner’s submission that due to the denial of his rightful participation in initial counselling rounds under the PwD category, he was compelled to take admission in Barmer during the stray vacancy round, where limited choices were available.
The harsh climatic conditions there, the Delhi High Court noted, had aggravated his eye condition, requiring treatment at AIIMS, New Delhi.
It also rejected the NMC’s argument that migration provisions were removed due to their potential misuse, holding that “mere possibility of abuse cannot be used to deny legitimate rights”.
Referring to the statutory obligations under the Persons with Disabilities Act, 2016, the Delhi High Court said that provisions such as “reasonable accommodation” cannot remain “a decorative and admirable piece of literature kept in a bookshelf”.
“These are legislative mandates to be followed by all public authorities, which will encompass the Commission as well,” the bench said.
Declaring Regulation 18 of the Graduate Medical Education Regulations, 2023, as ultra vires and invalid, the Delhi High Court also quashed the NMC’s December 30, 2024, order rejecting the petitioner’s migration request. It directed the NMC to take a fresh decision on the petitioner’s request for transfer to University College of Medical Sciences, New Delhi, within three weeks, and further directed the Commission to formulate an appropriate policy permitting migration in exceptional and deserving cases, subject to necessary safeguards.
–IANS
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