New Delhi, Feb 5 The Delhi High Court has ruled that the total prohibition on transfer or migration of a medical student from one college to another is invalid, and directed the National Medical Commission to formulate a "proper policy" to permit migration while putting in place the requisite conditions.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia said Regulation 18 of the Graduate Medical Education Regulation, 2023 was against the Constitution for being "manifestly unreasonable and arbitrary".
The bench passed the verdict while dealing with a petition by a medical student, having 40 per cent visual impairment, who sought his migration from Government Medical College, Barmer to a college in Delhi.
Granting relief, the court directed the NMC to take a decision within three weeks on the petitioner's request seeking his transfer.
"What we find is that in the name of maintaining uniformity, standard and integrity in the matter of medical education across the institutions, total prohibition on transfer or migration of a student, need of which may occur in various situations, including the one which has arisen in this case, cannot be said to be reasonable, rather in our opinion, such prohibition is manifestly unreasonable and arbitrary," the court said in its judgement passed on February 4.
The court observed that the NMC's stand that migration was prone to misuse could not be sustained as possibility of abuse could not be used to deny legitimate rights to a citizen.
It noted that the medical condition and capabilities of the petitioner were worsening on account of the harsh climate in Barmer and the Rights of Persons with Disabilities Act (PwD Act) mandated public bodies to ensure that persons with disabilities were provided "reasonable accommodation" and "appropriate environment".
Provisions enacted by Parliament, the court said, cannot remain only a decorative and admirable piece of literature kept in a bookshelf.
The court also remarked that NMC's stand that the petitioner was aware of the weather conditions in Barmer before joining a college there was "nothing but short of rubbing salt into the wounds of the petitioner".
The petitioner had no option but to opt a seat at the government college in Barmer not on account of his lower merit but because he was denied his right to participate in the counselling in its initial rounds and it was only on the intervention of the court that he could participate at the fag end of counselling when many choices were not left, the court noted.
"Reasonableness is a facet of equality, therefore, every action of State or its instrumentality or public authority should be informed of reasonableness. The impugned Regulation 18 of Regulations 2023, for the discussions made above, in our opinion, does not pass the constitutional muster as per Article 14 of the Constitution of India and, accordingly, the same being manifestly unreasonable and arbitrary, is held to be ultra vires. Regulation 18 of the Graduate Medical Education Regulation, 2023 is, thus, declared ultra vires and, therefore, invalid," the court ruled.
