Ukraine Returnee Medical Students Of First To Fourth Year Can't Be Accommodated In Indian System : Centre Reiterates Before Supreme Court

The Supreme Court on Tuesday adjourned a batch of petitions seeking to allow nearly 20,000 Indian students who had to return from Ukraine due to Russian attack to complete their medical education in India.

A Bench of Justices Surya Kant and Vikram Nath has posted the matter to November 29 after the advocates for the petitioners pointed out that the Union had not served upon them its latest affidavit dated November 21.

Additional Solicitor General Aiswarya Bhati informed that the Centre had filed an affidavit on the data of returned Indian students who used Academic Mobility Programme.

"It happens through Central Agency section. I'll make sure that my office serves a copy of the affidavit", ASG said while assuring the Court that it would be done during the course of the day.

Another advocate submitted that since India is a signatory to the Geneva Convention, the students who are stuck in Ukraine would be 'victims of war' and thereby protected.

"Even if we want to get admissions anywhere, we are protected as per the Geneva Convention as war victims. There are a number of incentives which are given to us internationally….Let the Government consider this aspect, it will help us. We, being in the international committee, this is the first thing that should happen."

The Bench however stated that the Government have taken a call, and informed their decision through their affidavits.

"There are reservations with the government, we are fully aware. They picked us up from there in the shortest of time', the advocate said.

"Protection of convention can't be given to one set of petitioners…. How many times do we ask them [Centre] to consider", the Bench pointed out.

The Indian Government have acted proactively and used its good offices to help the students who were stuck in Ukraine, the ASG was quick to add to the ongoing discussion.

"The GOI has acted with a lot of quickness, has used its good offices on both sides. The manner in which out students were brought out and are being taken care of. Today also, this is not an adversarial litigation. We are ready to give a helping hand to the students. First to fourth year can't be accommodated in the Indian system because that will disrupt the Indian system medical education. So, their accommodation has to be by way of academic mobility."

In September, the Central Government had told the Supreme Court that Indian medical students who returned from Ukraine cannot be accommodated in Indian universities as there is no provision in the National Medical Commission Act allowing it.

Senior Advocate Gopal Sankarnarayan, as the hearing reached his fag end, submitted that few matters would have to be de-tagged because issue is slightly different — it's about students being unable to complete Clinical training in China and Philippians.

The petitioners relied upon the report submitted by the Lok Sabha Committee on External Affairs on August 3 in which it recommended the Ministry of Health & Family Welfare to consider accommodating the students who returned from Ukraine in Indian private medical colleges as a one-time measure.

In view of the said recommendation, the petitioners sought appropriate decision from Government of India and the National Medical Commission in respect of students from Ukraine.

Case Title: Archita and others versus National Medical Commission and others, WP(c) 607/2022 and 6 connected cases.

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