SC Questions Government on Measures for MBBS Students Affected by Ukraine Crisis

The Supreme Court of India has issued a notice to the Union of India, seeking clarification on whether relief measures have been extended to medical students who returned from Ukraine due to the Russia-Ukraine conflict in 2022, but before their final year of studies. This inquiry follows concerns raised about the exclusion of non-final-year students from existing schemes.

Judicial Bench and Observations

• The matter was heard by a bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan.
• The Court highlighted discrepancies in the Union’s compliance affidavit, which appeared to cater solely to final-year medical students returning from Ukraine.
  • The bench stated:
    “Prima facie, it appears to us that the steps taken by the Union of India as set out in paragraph 5 will assist only the final-year students.”
• The notice is returnable by February 14, 2025, with a directive to the Union of India to file a counter affidavitaddressing the issue of non-final-year students.

Current Measures for Final-Year Students

• As per the affidavit, the Union allowed final-year students to:
  • Appear for the Foreign Medical Graduate Examination (FMGE).
  • Complete a two-year Compulsory Rotating Medical Internship (CRMI).
• The Union had also enabled students who had not completed their degree to take the MBBS examination without enrolling in any Indian medical college, providing them two chances to clear both Part I and Part II of the MBBS Final.

Concerns for Non-Final-Year Students

• The bench noted that students in their penultimate year or earlier, who returned to India due to the conflict, had not been addressed in the relief measures.
• The Court specifically sought clarification on whether the Union of India had taken steps to ensure that the academic and professional futures of these students are safeguarded.

Background of the Issue

1. COVID-19 and Russia-Ukraine Conflict:
   • Many Indian students pursuing medical education in Ukraine were forced to return due to the conflict and completed parts of their coursework online.
   • This online education posed challenges due to the lack of practical training, which is critical for medical studies.
2. Previous Court Directions:
   • On December 9, 2022, the Supreme Court directed the Union and the National Medical Council (NMC) to find solutions for affected students.
   • The NMC emphasized that practical training is indispensable and academic studies alone cannot replace hands-on experience.
3. Relief Scheme for Final-Year Students:
   • On July 28, 2022, the NMC announced a scheme allowing final-year students to complete their degrees by passing the FMGE and undertaking CRMI.
   • On March 28, 2023, the Court extended the scheme, allowing students two attempts to clear their MBBS exams.

Supreme Court’s Current Focus

• The Court is examining whether similar relief measures can be devised for:
  • Students in their penultimate year.
  • Those who had to leave before reaching their final year.
• The Court emphasized the need to ensure that the unique circumstances of these students do not jeopardize their careers.

Case Details

• Case Title: National Medical Forum v. Union of India & Ors.
• Case Number: Writ Petition (Civil) No. 229/2022