MedStudies

­­­Supreme Court To Hear Ukraine Returnee Students’ Plea To Continue Medical Education In India On September 15

The Supreme Court, on Monday, adjourned a batch of petitions filed seeking the relief of allowing nearly 20,000 Indian students who had to return from Ukraine due to Russian attack to complete their medical education in India, to 15th September. The matter was heard by the bench comprising Justices Hemant Gupta and Sudhanshu Dhulia. The request for adjournment was placed before the court by Solicitor General Tushar Mehta who stated that– “Your lordships have referred to the committee of External Affairs, it seems they have taken a favourable view. I need to get instructions from the Ministry.”
Accordingly, the matter will now be heard on 15th September. The petitioners relied upon the report submitted by the 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 to students from Ukraine.
The Supreme Court today, September 5, took up the matter of Ukraine-returned students and them continuing their medical education in India. 
The Solicitor General requested for taking the matter up next week, as mentioned in a tweet by LiveLaw.in.
“Your lordships have referred to the committe of External Affairs, it seems they have taken a favourable view. I need to get instructions from the Ministry,” said the Solicitor General, as stated in a tweet by LiveLaw.in. Hence, the Supreme Court adjourned the matter to September 15. 
The Ukraine-returned students have been suffering for a very long time because of the ongoing Russia-Ukraine war, which forced them to return to India and has prevented them from going back. As a result of this, they were unable to pursue their medical education and training. And they have been demanding to be accommodated in Indian medical colleges since.
The Supreme Court had earlier this year asked the National Medical Commission (NMC) to chalk out some measures to help these students to complete their courses and training. But the NMC failed to do so. However, it stated that accommodating them in Indian colleges was not possible.
The students resorted to protesting against this. A hunger strike was staged by many students at Jantar Mantar last month. And then on August 3, a recommendation was submitted to the Lok Sabha by the standing committee of External Affairs, which mentioned that students should be accommodated in the Indian colleges in view of their situation.
But there have been no updates on the same. Students and parents are hoping for a favourable judgement.
In a relief to thousands of medical students who returned to India following the war between Russia and Ukraine in February 2022, the Centre hinted at good news before the Supreme Court. On Monday, the Ministry of External Affairs (MEA) gave a positive response about allowing those returnees to resume their education for a medical degree in India.
Solicitor general Tushar Mehta informed the bench comprising Justices Hemant Gupta and Sudhanshu Dhulia that MEA appeared positive with regard to this aspect, but the issue would take more time before it is resolved.
Accepting the submission by the Centre, the court listed the matter for a hearing on September 15.
The court was hearing a batch of pleas, filed by Indian medical students in Ukraine, seeking to be allowed to continue their studies in India.
In the previous hearing, the court issued a notice to the MEA and sought a response.
The petitioners submitted that several countries such as Ghana, Nigeria, Pakistan and Egypt, taking into account the situation, have issued statements that adequate arrangements were in the pipeline to accommodate the evacuees from Ukraine. The students demand that they are admitted to existing medical institutions in the country.
The petition stated that the Supreme Court in its order in the case of Farzana Batool Vs. the Union Of India has observed that the state has an obligation to facilitate access to education at all levels. The petition noted that the said order emphasised the importance of creating an enabling environment to make way for students to pursue professional education.


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