Delhi HC agree to hear the plea seeking permission for students those returned from Ukraine to join Indian medical colleges

Plea filed by Pravasi Legal Cell, seeks a one-time nod on humanitarian grounds as there are no norms at present to accommodate students midway.

Pravasi Legal Cell, Global President, Adv. Jose Abraham in his statement said, “These students those who return to India stare at an uncertain situation. Though there are no norms or regulations to accommodate medical students who are pursuing their studies abroad and had to return to India midway. Through this petition we urged Delhi High Court to persuade The Union of India to accommodate these students in Indian colleges and universities as a one-time measure considering the present extra ordinary situation. We hope and trust that the Honourable High Court may entertain this petition and grant justice to the students.”

Delhi HC will hear the plea on March 21. The plea seeks direction to the Centre and Indian Medical Commission in this regard.

Thousands of Indian medical aspirants prefer Ukraine for medical education due to various factors including affordability, quality of education and the license to practice abroad. In Ukraine, Indian medical students also have no compulsion to give any medical entrance exam if they clear NEET.

The petition is filed in High Court through advocate Abraham stating that plight of the Indian medical students rescued from war-hit Ukraine “has the potential to disrupt the careers of these students who have already gone through the trauma of being in the war zone”, the petition has also urged the government to protect their fundamental rights of “right to life” and “right to education.”

At present there are no policy or regulations in India to accommodate students, who are studying abroad and they are forced to return to India midway, in Indian colleges in between an academic session.

The Constitution of India guarantees fundamental Rights to Life under Article 21, which should mean and include the right to access and continuance to education in India by students of India who are forced to leave their education abroad due to the current scenario.

It is well-settled principle of law that the Government must formulate such policy/policies which would ensure that no Citizen is deprived of their fundamental right to education.

Centre and National Medical Commission should make appropriate step to accommodate the medical students returning from Ukraine and permit them to complete their education in Indian medical college with appropriate Indian or foreign degree as an emergency and one-time measure. Such a one-time exception for war-affected Indian Students studying abroad is in consonance with India’s constitution scheme of availability of fundamental rights including the right to life, justice, equity and fair play, and goes well with the ideals of India as a true welfare state.

Sources in the Health Ministry said that the matter will be looked into sympathetically and the Health Ministry has already raised the said issue with the Ministry of External Affairs. A meeting might happen soon with all stakeholders in this regard and unprecedented situation.

“Pravasi Legal Cell has taken up this issue considering the social impact of the current scenario and the havoc it might create in the lives of these displaced students. We have always stood by the people to help them find remedies though legal pursuits”, said Melwyn Williams, Global Spokesperson, Pravasi Legal Cell.

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