Introduction:

The Supreme Court of India recently issued a notice to the Union of India seeking clarification on whether relief measures had been extended to students who were pursuing medical education in Ukraine and had to return to India before completing their final year due to the Russia–Ukraine conflict. The bench, comprising Justice Abhay Oka and Justice Ujjal Bhuyan, expressed concerns that the relief measures mentioned in the Union’s compliance affidavit appeared to assist only final-year medical students who had completed their courses in Ukraine before the conflict escalated. The petition brought forth the plight of those students who had to leave Ukraine prior to their final year and whether any steps had been taken to accommodate them in completing their medical education in India. The Union was directed to file a counter-affidavit by February 14, 2025, in response to the notice.

Arguments of the Petitioner:

The National Medical Forum, which filed the petition, has raised the issue of medical students who were enrolled in Ukrainian medical institutions and had to return to India because of the conflict. These students were left stranded in India, unable to complete their MBBS degrees. The petitioner argued that while the Union of India had extended certain measures for final-year students to appear for the MBBS exams and undergo internships, students who were forced to leave Ukraine before reaching the final year had not been provided with adequate relief. The petitioner highlighted the difficulties these students faced in continuing their education and completing their medical training. The Forum emphasized the need for comprehensive relief measures that would also cover the students in their penultimate or earlier years, enabling them to complete their medical degrees in India or by other means, given the extraordinary circumstances that led to their premature return from Ukraine.

Arguments of the Respondents:

The Union of India, in its affidavit, acknowledged the unique challenges faced by students affected by the Russia–Ukraine conflict and the COVID-19 pandemic. The Union’s compliance affidavit, submitted as part of the ongoing case, mentioned that as a one-time extraordinary measure, final-year students who had completed their degree online while in India were allowed to take the MBBS examination and undergo a two-year Compulsory Rotating Medical Internship (CRMI) without being enrolled in an Indian medical college. The affidavit indicated that this scheme was designed to assist final-year students who had completed their academic studies online and were unable to complete the practical aspects of their education due to the war. However, the Union’s affidavit did not mention any relief measures for those students who were still in their penultimate or earlier years of the MBBS course when they had to return to India. In response to the Court’s query, the Union was tasked with clarifying whether any relief had been provided to these students, whose medical education had been disrupted before reaching their final year.

Court’s Judgment:

The Supreme Court bench, after reviewing the Union’s compliance affidavit, raised significant concerns regarding the scope of the relief measures provided. The Court noted that the relief appeared to be limited to students who had completed their academic coursework and were in their final year when they had to return to India due to the Ukraine crisis. The bench observed that the measures outlined did not seem to address the situation of students who were still in their penultimate years and had to cut short their studies due to the conflict. The Court expressed its preliminary opinion that the relief, as outlined in the Union’s affidavit, would likely assist only those in their final year and sought clarification from the Union of India as to whether any steps had been taken to accommodate the students in their earlier years of study.

Justice Oka and Justice Bhuyan remarked that the issue at hand was not only about final-year students but also about those who had to leave Ukraine before completing their degrees. The Court emphasized that the plight of these students needed to be addressed to ensure they did not face undue hardship in completing their education. The Union of India was directed to file a counter-affidavit detailing the steps taken or to be taken to provide relief to these students. The Court also set a returnable date of February 14, 2025, by which time the Union was expected to clarify the situation.

The Court’s order came in the wake of previous directions issued by the Supreme Court regarding the challenges faced by medical students whose education had been disrupted due to the COVID-19 pandemic and the Ukraine crisis. The Court had earlier called on the Union of India and the National Medical Council (NMC) to find solutions to address the academic and practical training gaps for these students. On December 9, 2022, the Supreme Court had emphasized the importance of practical training in medical education, recognizing that academic learning alone could not substitute for hands-on experience. The NMC had responded by announcing a scheme for final-year students, allowing them to appear for the Foreign Medical Graduate Examination (FMGE) and complete a two-year Compulsory Rotating Medical Internship (CRMI), despite their studies being conducted online during the pandemic.

In March 2023, the Supreme Court further modified the Union’s compliance affidavit to allow two attempts for students to clear their MBBS final exams instead of just one. However, the relief was limited to those in their final year and did not include students who were earlier in their academic journey when the conflict forced them to return to India. The Court’s latest notice seeks to ensure that the Union of India addresses the concerns of students in their penultimate years or earlier, ensuring that they are not left behind in the efforts to resolve the crisis faced by medical students from Ukraine.