Overview
- A division bench of Chief Justice D. K. Upadhyaya and Justice Tejas Karia struck down Regulation 18 of the 2023 Graduate Medical Education Regulations as ultra vires.
- The court quashed the National Medical Commission’s December 30, 2024 order rejecting the migration request of Sahil Arsh, a student with 40% visual impairment.
- The NMC was directed to decide afresh within three weeks on Arsh’s request to move from Government Medical College, Barmer to a Delhi institution, with a UCMS PwD seat cited in records.
- The judgment ordered the NMC to craft a migration policy permitting transfers in exceptional or deserving cases subject to appropriate safeguards.
- The bench rejected arguments about administrative uniformity and potential misuse, citing Jigya Yadav and underscoring equality protections and disability rights.