The Delhi High Court has struck down a regulation that imposed a blanket ban on the migration of undergraduate medical students from one college to another. The Court held that such an absolute prohibition is arbitrary, unreasonable, and unconstitutional
[Sahil Arsh v National Medical Commission & Ors].
Regulation Declared Ultra Vires
In a judgment delivered on February 4, a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia declared Regulation 18 of the Graduate Medical Education Regulations, 2023 as ultra vires.
The Bench ruled that the regulation failed to meet the requirements of Article 14 of the Constitution of India, as it denied relief even in exceptional and deserving cases.
“The impugned Regulation 18 does not pass the constitutional muster under Article 14. Being manifestly unreasonable and arbitrary, it is held to be ultra vires and invalid,” the Court held.
Case Filed by Visually Impaired Medical Student
The ruling arose from a petition filed by Sahil Arsh, a medical student with 40% visual impairment. He sought migration from a government medical college in Barmer, Rajasthan, to a college in Delhi on medical grounds.
Arsh contended that the harsh climatic conditions in Barmer had worsened his medical condition. He also submitted that he required continuous treatment in Delhi. However, the National Medical Commission (NMC) rejected his request, citing the blanket prohibition under Regulation 18.
Court Rejects NMC’s Justification
The NMC argued that the ban was necessary to maintain academic standards, uniformity, and the integrity of the merit-based admission process. However, the Court rejected this justification.
Instead, the Bench noted that earlier regulations allowed migration in exceptional and compassionate circumstances. The Court found no rational basis for completely removing this provision under the 2023 Regulations.
Rights of Persons with Disabilities Emphasised
Importantly, the Court relied on the Rights of Persons with Disabilities Act, 2016. It held that the NMC, as a statutory authority, is duty-bound to ensure equality, non-discrimination, and reasonable accommodation for students with disabilities.
According to the Court, a regulation that prevents even deserving PwD students from seeking relief cannot survive constitutional scrutiny.
Directions Issued by the Court
Consequently, the Bench:
- Declared Regulation 18 invalid
- Set aside the NMC’s order rejecting Arsh’s migration request
- Directed the NMC to reconsider the request within three weeks
- Instructed the NMC to frame a proper policy permitting medical student migration
Appearance
- For the petitioner: Advocates Aditi Gupta and Lavanya Bhardwaj
- For the NMC: Advocates T Singhdev, Abhijit Chakravarty, Tanishq Srivastava, Yamini Singh, Vedant Sood, Ramanpreet Kaur, and Bhanu Gulati
- For Delhi University: Advocates Mohinder JS Rupal, Hardik Rupal, Aishwarya Malhotra, and Tripta Sharma
Case Details
- Case: Sahil Arsh v National Medical Commission & Ors
- Court: Delhi High Court
- Bench: Chief Justice Devendra Kumar Upadhyaya & Justice Tejas Karia
