In a landmark decision impacting thousands of medical students, the Delhi High Court has struck down the blanket ban on migration and transfers between medical colleges imposed by the National Medical Commission’s (NMC) 2023 regulations. It called the prohibition unreasonable and arbitrary.
What the Court Ruled
A Division Bench of the Delhi High Court, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, declared Regulation 18 of the Graduate Medical Education Regulations, 2023, which prohibited medical students from transferring from one college to another, invalid and ultra vires (beyond legal authority) under Article 14 (Right to Equality) of the Constitution of India.
The court held that a total ban on college migration cannot be justified merely on the grounds of maintaining uniformity in medical education.
The Case That Sparked Change
The ruling came on a petition from Sahil Arsh, an MBBS student with 40% visual impairment, who was forced to take admission in a remote medical college in Rajasthan due to earlier counselling irregularities and later sought migration to a college in Delhi for health-related reasons.
The NMC had denied his transfer request in December 2024 solely based on the new regulation’s complete removal of a migration provision. The High Court found this total prohibition unfair and disproportionate, especially when the Rights of Persons with Disabilities (RPwD) Act, 2016, mandates reasonable accommodation for students with disabilities.
What the Court Directed
Instead of merely striking down the ban, the High Court ordered the NMC to:
- Reconsider the petitioner’s transfer request without relying on the invalid provision; and
- Frame a balanced and transparent policy permitting college migration under appropriate conditions and safeguards.
The bench gave the NMC a strict timeline, approximately three weeks, to decide on the petitioner’s case.
What This Means for Medical Aspirants
This judgment is a huge development for MBBS students across India because:
- It restores hope for legitimate transfers, especially in health-related or exceptional cases.
- It signals that regulations cannot override constitutional rights, particularly equality and non-discrimination.
- Students who believed they had no recourse for transfer may now seek relief through a proper migration policy once NMC frames one.
For many medical students struggling due to climate, health, or personal reasons, this order could mark a transformational shift in how migration requests are approached legally and administratively.
