New Delhi: delhi high court The provision prohibiting medical students from transferring or migrating from one university to another was invalidated and the National Medical Council was directed to formulate an “appropriate policy” to allow the migration of medical students.The bench of Chief Justice DK Upadhyaya and Justice Tejas Karia focused on Section 18 of the Postgraduate Medical Education Regulations, 2023, calling it “unreasonable and arbitrary” and violated the Constitution.The bench was dealing with a petition filed by a medical student with 40 per cent visual impairment seeking transfer from the Government Medical College in Barmer to a college in Delhi. The court directed the NMC to take a decision on the petitioner’s transfer request within three weeks.“We find that a blanket ban on possible transfer or immigration of students under various circumstances, including those arising in this case, cannot be said to be justified in the name of maintaining uniformity, standards and integrity of medical education in various institutions; on the contrary, we find that such prohibition is manifestly unreasonable and arbitrary,” the high court said in its February 4 order.The judge held that the NMC’s ​​position that immigrants were vulnerable to abuse was unsustainable because the potential for abuse could not be used to deprive citizens of their legal rights.The court noted that the petitioner’s medical condition and abilities were deteriorating due to the harsh climate in Barmer and the Rights of Persons with Disabilities Act empowers public bodies to ensure “reasonable accommodation” and “appropriate environment” for persons with disabilities (PWD). The court said that the regulations made by Parliament cannot be just decorative and admirable literary works that sit on the bookshelves.The judge further noted that the NMC’s position that the petitioner was aware of the weather conditions in Barmer before entering the college was “tantamount to rubbing salt in the wound”.
