Summary: The Delhi High Court ruled in favor of Sahil Arsh, a visually impaired student, allowing him to transfer from a medical college in Barmer, Rajasthan to Delhi. The court found the rule banning such transfers unfair and discriminatory.
Sahil Arsh, a student with 40% vision impairment, faced obstacles in getting admitted to medical college. Initially, he was not allowed to participate in the NEET-2023 counseling for students with disabilities. He had to go to the Supreme Court, which on September 22, 2023, ordered the authorities to treat him as a candidate with disabilities, letting him join the Stray Vacancy Round. Sadly, the only available option was in Barmer, Rajasthan, which was not suitable for his health.
The tough climate in Barmer made Sahil's eye condition worse, causing eye ulcers. Following advice from doctors, he sought to transfer to Delhi, where he could get better medical treatment. He found out there was an available seat in Delhi's University College of Medical Sciences for students with disabilities.
Even after applying for a transfer, Sahil was turned down because of a rule from the 2023 Medical Education Regulations that banned student transfers. Sahil challenged this, saying it was unfair and violated his rights under the Persons with Disabilities Act, 2016. The court agreed, noting that the rule was unreasonable and did not consider deserving cases like Sahil's.
The court, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, canceled the rule, stressing the importance of making reasonable accommodations for disabled students. They instructed the National Medical Commission to reconsider Sahil's transfer request and to create a policy that allows transfers in special cases.
“Complete prohibition or embargo on transfer, in our opinion, cannot be justified on any count.”
This ruling emphasizes the need for flexibility and fairness in educational rules, especially for students with disabilities.
