Regulation 18 of the Graduate Medical Education Regulation, 2023, Declared Ultra Vires for Violating Constitutional Rights
In a landmark judgment, the Delhi High Court has struck down Regulation 18 of the Graduate Medical Education Regulation, 2023, which imposed a blanket ban on the migration of medical students from one institution to another. The decision came in response to a petition filed by Sahil Arsh, a visually impaired medical student, who was denied migration due to the regulation.
The court, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, held that the regulation was manifestly unreasonable and arbitrary, failing the test of reasonableness under Article 14 of the Indian Constitution. The judgment emphasized that the blanket prohibition denied even deserving candidates the opportunity to migrate under exceptional circumstances, such as those faced by the petitioner.
Sahil Arsh, who suffers from 40% vision impairment, was compelled to study at Government Medical College in Barmer, Rajasthan, due to administrative delays in recognizing his disability status during the NEET-2023 counselling. The harsh climate in Barmer exacerbated his condition, leading him to seek migration to a medical college in Delhi where his treatment could continue.
The court's decision underscored the statutory mandate for reasonable accommodation under the Rights of Persons with Disabilities Act, 2016, which requires inclusivity and consideration of individual needs. The judgment criticized the National Medical Commission (NMC) for enforcing a total prohibition on migration, arguing that apprehensions of misuse cannot justify such a complete ban.
In its directive, the court ordered the NMC to reconsider Arsh's migration request within three weeks, taking into account the exceptional circumstances highlighted in the case. Additionally, the NMC was instructed to develop a policy allowing for student migration under specific conditions to prevent similar injustices in the future.
This ruling marks a significant victory for students seeking equitable treatment and highlights the judiciary's role in ensuring that educational regulations comply with constitutional principles and statutory mandates.
Bottom Line:
Regulation 18 of Graduate Medical Education Regulation, 2023, which imposes a blanket ban on migration of medical students from one medical institution to another, declared ultra vires for being manifestly unreasonable and arbitrary, violating Article 14 of the Constitution of India.
Statutory provision(s): National Medical Commission Act, 2019 - Section 57, Graduate Medical Education Regulation, 2023 - Regulation 18, Rights of Persons with Disabilities Act, 2016 - Sections 3, 16, Article 14 of the Constitution of India.
Sahil Arsh v. National Medical Commission, (Delhi)(DB) : Law Finder Doc id # 2849128
