The matter pertaining to the issues being faced by Indian medical students who returned from Ukraine was heard in the Supreme Court today, December 9. In its judgement, the court has requested the centre to consider the students' situation and come up with a solution, citing it was a "human problem".
The court proceedings
The case was heard at the end of the day, at about 3:20 pm. The plea demanding allowance for students who have obtained their medical degrees and qualified the FMGE (Foreign Medical Graduate Examination), to pursue internships, was heard first. The counsel appearing on behalf of the petitioners argued that only Kerala and Tamil Nadu were opposed to permitting students for the internship, while all other states had allowed it.
The counsel also pointed out that students, belonging to the 2016-21 batch from China, Russia, the Philippines and Ukraine, who completed 3 semesters online, were not permitted by the NMC (National Medical Commission) to obtain a provisional registration, a pre-requisite for pursuing internships. However, he mentioned that the 2015-2020 batch was allowed the internship.
The counsel appearing for the NMC, on the other hand, argued they had filed compliance to the challenge. He said that the 2015 batch of students completed only one semester online, so they were allowed. But the 2016 batch of students completed three semesters online, and at their level of study, clinical training was extremely crucial. Considering this, they could not be allowed.
"At this stage, the student goes to a hospital every day and learns from his professors by assisting them. Now, without proper training, how can we let them handle patients?... These people are not qualified to treat Indian patients," the NMC counsel stated. Additional Solicitor General (ASG) Aishwarya Bhati added that the decision to not allow internships to the 2015 batch students was taken after consultation with the Ministries of Home Affairs, Health and External Affairs.
However, the court questioned, "Why allow them to appear for the FMGE then?" In reply, ASG Bhati read out a previous court order which mentioned that qualifying the FMGE could not be considered a mandate for their clinical training.
After hearing the arguments, the bench observed that it knew its limitations and could not directly issue a mandamus on the matter. The court requested higher authorities to consider the matter because it is a human problem, and then the judgement was pronounced. ASG Bhati was directed to inform the court's decision of the respective Ministries.
How does the judgement look?
"If no solution is found at this stage, their careers will be left in the lurch and their families will be put at sufferance. Though we find this is a fit case wherein some solution must be evolved by the experts in the field, we refrain from issuing any directions. However, we request the Union of India, i.e the Ministry of Health, the Ministry of External Affairs and the Ministry of Home in consultation with the National Medical Commissions to find a solution to address this human problem. We are sure that the Union of India will give due importance to our suggestion and find out a solution so that the career of students," a part of the judgement states.
What next?
Some of the counsels appearing for the petitioners who are currently studying (yet to complete their degrees) and were pleading for accommodation in Indian medical colleges asked the bench to consider validating the students' online classes. However, the court was dismissed by then. The matter will be next heard on January 25, 2023.
Students' reaction
Though the apex court had, in the previous hearing, directed that the issues of accommodation in Indian medical colleges and internships would be heard separately, a collective hearing took place, which has left several students disappointed. Students asking for accommodation feel that it is an end for them.
"We think going back to Ukraine is the only option left for us. We are highly disturbed. After months of waiting, the court left it to the government. We had approached the government before. If the government had to bring out some solution, it would have done so then. But nothing was done. They only allowed accommodation, which was no solution. We feel like we are back on square one with no solution in sight," said Harsh Goel, a student from Ivano-Frankivsk National Medical University (IFNMU), Ukraine.