File photo NEW DELHI: The Delhi high court has held as invalid prohibition on transfer or migration of a medical student from one college to another, and has directed National Medical Commission to formulate a “proper policy” to permit migration.A division bench of Chief Justice D K Upadhyaya and Justice Tejas Karia zeroed in on Regulation 18 of the Graduate Medical Education Regulation, 2023, and termed it “unreasonable and arbitrary”, and violating the Constitution.The bench was dealing with a petition by a medical student with 40% visual impairment who sought migration from Govt Medical College, Barmer to a college in Delhi. The court directed NMC to take a decision within three weeks on the petitioner’s transfer request.“What we find is that in the name of maintaining uniformity, standard and integrity in the matter of medical education across the institutions, total prohibition on transfer or migration of a student, need of which may occur in various situations, including the one which arose in this case, cannot be said to be reasonable; rather, in our opinion, such prohibition is manifestly unreasonable and arbitrary,” the high couty said in its order on Feb 4.The bench observed NMC’s stand that migration was prone to misuse could not be sustained, as the possibility of abuse could not be used to deny legitimate rights to a citizen.The court noted that the medical condition and capabilities of the petitioner were worsening on account of the harsh climate in Barmer, and the Rights of Persons with Disabilities Act mandated public bodies to ensure that persons with disabilities (PWDs) were provided “reasonable accommodation” and an “appropriate environment”. Provisions enacted by Parliament, the court said, cannot remain only a decorative and admirable piece of literature kept on a bookshelf.The judges further observed that NMC’s stand that the petitioner was aware of the weather conditions in Barmer before joining a college there was “nothing short of rubbing salt into the wounds”.End of ArticleFollow Us On Social MediaVideos’Casebook Study Of How To Deal With Trump’: Former Envoy On India’s Restraint Amid US Provocations’Sense Of Relief After High Tariffs’: Dhruva Jaishankar On What India US Trade Deal Changes’Is This Mohabbat Ki Dukaan?’: PM Modi Hits Out At Opposition Over ‘Modi Teri Kabr Khudegi’ Slogans’Trump Wanted Unilateral Deal With India’: Former Envoy Unpacks India-US Trade Deal AnnouncementRahul Gandhi Called Ravneet Bittu ‘Traitor’ Because He Is Sikh: PM Modi’s Big Attack’Sit And Protest’: PM Modi Unfazed By Slogans, Takes Dig At Kharge As Opposition Walks Out Of RS’PM Hiding Behind Speaker’: Priyanka Gandhi Slams Om Birla’s Remark On Modi’s Lok Sabha Speech SkipWorld Praises India-US Trade Deal: PM Modi Tells Rajya Sabha Youth Will Gain Global Opportunities’Women MPs Near PM’s Chair’: Speaker Om Birla Reveals Why PM Modi Skipped Lok Sabha Speech’India Open To Explore Commercial Merits Of Venezuela Oil Import’: MEA On Trump’s Russian Oil Claim123PhotostoriesValentine’s Day Gift Ideas According To Your Birth NumberNora Fatehi birthday special: Best fashion moments of the ‘Dilbar’ girlFrom Erica Fernandes to Upasana Singh: TV stars expose the industry’s dark side10 popular spicy dishes in the worldCraziest things people have stolen from popular tourist locations5 high-performance cars that blend beauty with engineering powerPriyanka Chopra to Katrina Kaif: 5 iconic bridal jewellery pieces that made it to wedding trousseau of Bollywood’s top divas8 quick vegetarian air fryer dishes you can make in under 10 minutesFrom a lavish house in Dubai to net worth: Tejasswi Prakash and Karan Kundrra’s luxurious lifestyle5 countries where tourist travel is extremely restricted123Hot PicksBudget 2026Gold Silver PricesParliament Budget SessionGCC Unified Visa 2026Income Tax CalculatorPublic holidays February 2026Bank Holidays februaryTop TrendingKayla NicoleAyesha CurryCardi BTravis Kelce Super Bowl PartyTyler ShoughScott ArnielNHL Trade RumorsChicago Bulls vs Toronto RaptorsJoe FlaccoChris Paul
NEW DELHI: The Delhi high court has held as invalid prohibition on transfer or migration of a medical student from one college to another, and has directed National Medical Commission to formulate a “proper policy” to permit migration.A division bench of Chief Justice D K Upadhyaya and Justice Tejas Karia zeroed in on Regulation 18 of the Graduate Medical Education Regulation, 2023, and termed it “unreasonable and arbitrary”, and violating the Constitution.The bench was dealing with a petition by a medical student with 40% visual impairment who sought migration from Govt Medical College, Barmer to a college in Delhi. The court directed NMC to take a decision within three weeks on the petitioner’s transfer request.“What we find is that in the name of maintaining uniformity, standard and integrity in the matter of medical education across the institutions, total prohibition on transfer or migration of a student, need of which may occur in various situations, including the one which arose in this case, cannot be said to be reasonable; rather, in our opinion, such prohibition is manifestly unreasonable and arbitrary,” the high couty said in its order on Feb 4.The bench observed NMC’s stand that migration was prone to misuse could not be sustained, as the possibility of abuse could not be used to deny legitimate rights to a citizen.The court noted that the medical condition and capabilities of the petitioner were worsening on account of the harsh climate in Barmer, and the Rights of Persons with Disabilities Act mandated public bodies to ensure that persons with disabilities (PWDs) were provided “reasonable accommodation” and an “appropriate environment”. Provisions enacted by Parliament, the court said, cannot remain only a decorative and admirable piece of literature kept on a bookshelf.The judges further observed that NMC’s stand that the petitioner was aware of the weather conditions in Barmer before joining a college there was “nothing short of rubbing salt into the wounds”.
