The Delhi High Court has delivered a landmark judgment by striking down the blanket prohibition on medical student migration. This crucial ruling targets the MBBS migration ban instituted under the Graduate Medical Education Regulations, 2023 (GMER, 2023). Consequently, the Court found the complete ban \”manifestly unreasonable and arbitrary,\” ruling it a violation of constitutional protections, particularly Article 14. Therefore, the High Court instructed the National Medical Commission (NMC) to frame a new, proper policy allowing migration under necessary safeguards.
The Arbitrariness of the MBBS Migration Ban (Regulation 18)
A Division Bench comprised of Chief Justice D. K. Upadhyaya and Justice Tejas Karia explicitly held that Regulation 18 of the GMER, 2023, which imposed a total ban on the transfer of undergraduate medical students, cannot be sustained in law. The court noted that a blanket prohibition, which ignores even exceptional or deserving cases, breaches Article 14 of the Constitution. While maintaining uniform standards in medical education is certainly a legitimate objective, imposing a total prohibition ignores real-life contingencies and disproportionately affects deserving students. Moreover, the Court reasoned that the mere possibility of misuse is insufficient to justify denying legitimate rights, especially since authorities can adopt reasonable safeguards.
Case Spotlight: The Visually Impaired Student’s Transfer Plea
This significant judgment arose from a petition filed by Sahil Arsh, a visually impaired medical student. Mr. Arsh suffers from a 40 per cent visual impairment and secured a seat at Government Medical College, Barmer, Rajasthan. However, he sought migration to Delhi, citing the deterioration of his eye condition due to the harsh Barmer climate and the critical need for treatment at AIIMS Delhi. The NMC had previously rejected his request in December 2024, solely based on the 2023 Regulations removing the migration provision. Furthermore, the court acknowledged that his situation arose primarily because counselling authorities failed to recognize his PwD status in time. Consequently, he was deprived of the opportunity to choose a suitable medical college earlier, which the Court deemed unreasonable for holding him responsible.
Reasonable Accommodation and Disability Rights
The High Court emphasized that regulatory measures must not disregard human dignity or constitutional protections in the pursuit of administrative efficiency. Relying on the Rights of Persons with Disabilities Act, 2016, the Bench reiterated that authorities must provide reasonable accommodation and ensure equality and non-discrimination for students with disabilities. Denying admission to a student whose medical condition worsened due to environmental factors, in fact, constitutes a denial of this mandated accommodation. Therefore, the NMC must reconsider the petitioner’s migration request without relying on the invalidated prohibition, strictly examining his case in light of disability rights and the necessary accommodations. Medical professionals seeking to enhance their understanding of patient rights and regulatory adherence may benefit from specialized training, such as the Certification Course In General Practice or exploring comprehensive training for new doctors in the Foundation Comprehensive Training For New Doctor.
Frequently Asked Questions
Q1: Which regulation imposed the blanket MBBS migration ban?
The total prohibition on migration of undergraduate medical students was imposed by Regulation 18 of the National Medical Commission’s Graduate Medical Education Regulations, 2023 (GMER, 2023).
Q2: On what grounds did the Delhi High Court strike down the regulation?
The Delhi High Court struck down the ban, declaring it \”manifestly unreasonable and arbitrary\” and a violation of Article 14 of the Constitution. The court also cited the need to uphold disability rights and provide reasonable accommodation under the Rights of Persons with Disabilities Act, 2016.
Q3: What is the immediate impact of this judgment on the NMC?
The NMC is now directed to reconsider the specific transfer request of the visually impaired student and must also formulate a new, proper migration policy for MBBS students, subject to necessary conditions and safeguards, within a specified timeframe.
References
- Delhi HC strikes down blanket ban on MBBS migration, orders reconsideration of PwD student’s transfer plea – ETHealthworld
- Delhi High Court Declares Total Ban on Medical Student Migration Unconstitutional; Directs NMC to Frame New Policy – Law Trend
- Delhi HC quashes MBBS migration ban, orders review of PwD student’s transfer request – indiatoday.in
- Prohibition on transfer of medical student to another college invalid: HC – Press Trust of India
- ‘Manifestly Unreasonable, Arbitrary’: Delhi High Court Strikes Down Blanket Ban On Migration Of MBBS Students – Live Law
- Delhi HC Says Medical Student Migration Ban Invalid, Directs NMC on Policy – kollegeapply.com
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