The Delhi High Court has declared a complete ban on medical student transfers invalid. The court ruled on February 4 that a total prohibition on migration between medical colleges is unreasonable and arbitrary. The National Medical Commission (NMC) must now create a policy allowing transfers with specific conditions.
A bench, led by Chief Justice D.K. Upadhyaya, found Regulation 18 of the Graduate Medical Education Regulation, 2023, unconstitutional. The judges stated the regulation was “manifestly unreasonable and arbitrary.” This ruling came in response to a petition from a medical student with a 40% visual impairment. The student sought to transfer from Government Medical College, Barmer, to a college in Delhi due to worsening health conditions linked to the climate.
Court’s Reasoning
The court rejected the NMC’s argument that allowing transfers could lead to misuse. The possibility of abuse, the judges stated, cannot justify denying citizens their rights. The NMC’s stance that the student knew about Barmer’s climate before admission was called “rubbing salt into the wounds.” The court noted the student had limited college choices when admitted due to late participation in counseling.
The judges emphasized that laws, like the Rights of Persons with Disabilities Act, require public bodies to provide reasonable accommodation and suitable environments for individuals with disabilities. They stated that parliamentary provisions should not be merely decorative.
Constitutional Challenge
The court found Regulation 18 violated Article 14 of the Indian Constitution, which guarantees equality and prohibits unreasonable state action. “Reasonableness is a facet of equality,” the judgment stated. Therefore, Regulation 18 was declared ultra vires, meaning it exceeded the NMC’s legal authority and is now invalid.
The High Court directed the NMC to decide on the petitioner’s transfer request within three weeks. This decision opens the door for other medical students facing similar circumstances to seek transfers.