New Delhi, Feb 5 (NationPress) The Delhi High Court has overturned a clause in the Graduate Medical Education Regulations, 2023, that imposed a total ban on the migration of medical students from one institution to another. The court deemed this restriction manifestly unreasonable and arbitrary, thus violating Article 14 of the Indian Constitution.

A division bench comprising Chief Justice (CJ) Devendra Kumar Upadhyaya and Justice Tejas Karia stated that an absolute prohibition on migration does not consider exceptional and deserving cases, especially concerning individuals with disabilities. Such a ban cannot be defended merely on the basis of administrative convenience or concerns about potential misuse.

The CJ Upadhyaya-led bench was addressing a petition from a medical student suffering from 40 percent visual impairment, who requested to migrate to a medical college in Delhi due to worsening eye issues exacerbated by the harsh climatic conditions in Rajasthan’s Barmer.

The National Medical Commission (NMC) had previously denied his migration request from the Government Medical College, Barmer, invoking Regulation 18 of the Graduate Medical Education Regulations, 2023.

In nullifying the contested regulation, the Delhi High Court remarked that a complete ban on student transfers, which might be necessary in various situations—including the current case—cannot be considered reasonable.

The bench asserted, “This prohibition is manifestly unreasonable and arbitrary,” and highlighted that the regulation fails to allow even the most deserving students, such as those with disabilities, to seek transfers in alignment with the statutory requirements of the Rights of Persons with Disabilities Act, 2016.

The court noted the petitioner's claim that he was forced to enroll in Barmer under less favorable conditions after being denied a fair opportunity to participate in the initial counseling rounds designated for the PwD category.

Moreover, the harsh climate in Barmer had worsened his eye condition, necessitating treatment from AIIMS in New Delhi.

The court rejected the NMC’s argument that migration provisions were eliminated due to potential misuse, stating that “the mere possibility of abuse cannot be used to deny legitimate rights.”

Emphasizing the obligations under the Persons with Disabilities Act, 2016, the bench remarked that provisions like “reasonable accommodation” must not remain mere decor but must be actively enforced by all public authorities, including the Commission.

In declaring Regulation 18 of the Graduate Medical Education Regulations, 2023, as ultra vires and invalid, the Delhi High Court annulled the NMC’s December 30, 2024, order that rejected the migration request. The court mandated the NMC to reconsider the petitioner's request for transfer to the University College of Medical Sciences, New Delhi, within three weeks, and directed the Commission to develop a proper policy allowing migration in exceptional cases with necessary safeguards.