Options for Indian medical students from Ukraine: What do the legal provisions, medical council rules say

Ukraine has been a popular choice for pursuing education, especially medicine. Hence, many Indian students opted to attend medical courses there, but sadly, they are now in a troubled state.

The Foreign Medical Graduate Licentiate has stated that the period of completion of an academic program of medicine can be extended up to 10 years.

Unfortunately, as the situation is, the Medical Board has arranged internships in Indian hospitals for graduates from Ukraine, but there is no facility for those who were in the middle of their academic courses.

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At present there are no rules or regulations in Indian private colleges for pursuing the course of graduate students with foreign degrees.

Inevitably, since the countries of the West are largely supporting Ukraine, students from these countries will eventually receive some benefits in terms of their ongoing education programs.

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Indian Medical Education Rules

But it is time to consider and make effective arrangements for Indian students educated in Ukraine and students from comparatively less developed countries, as the risk of interruption in their educational career is high.

Under the current rules, if one wishes to transfer a degree from a foreign university to India, the only way to continue education is to start from the beginning of the course. Therefore, there are few options for furthering the academic progress of withdrawal students in order to find a way out of a state of despair.

They can go for an alternative career option for the field of their pursue or can start the course right from the beginning in their country.

Another option is that during this phase of the war the governments of their countries of origin form a committee and carefully examine academic faculties and curricula to remove the possibility of compromising the level of education.

There are various legal provisions which should be implemented by the Government of India at this stage.

Every state of India should make special facilities for the ongoing education according to the National Medical Commission. Article 21 of the Indian Constitution accords highest priority to equality and individual liberty and the right to education.

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Therefore, students should be entitled to their right to continue medical education. Chief ministers and state governors, along with state education ministers, should issue provisions as per medical universities to allot aggrieved students with special formalities.

In addition, a test may be conducted for the students to determine the institutes, the syllabus to which they are accustomed and keeping in view the current scenario.

The government may also consider relaxing the documentation process required for the education of Indian students from Ukraine.

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Measures Indian Government can take

To streamline the process, the Government of India may create a portal where students can register themselves.

A committee should be specially constituted to ensure admission of every student. Students should be allowed to choose the institution of their choice to continue their studies, whether national or international.

Internationally, efforts must be made to build consensus on allowing these students to apply for visas to continue education.

For example, in the United States, they can apply for an F1 visa, a J1 visa as a special program, through their parent university or through the government, or only for limited stays to complete the degree. You can apply for M1 visa.

Other countries offering convenient student visas are Australia, Canada, New Zealand and the UK, which should also be taken into account.

Petition filed in Delhi High Court

As citizens of the country, these students have the right to file a Public Interest Litigation (PIL) in India to protect their future education if the demands are not met by the central authority.

Recently a petition of this nature has actually been filed in the Delhi High Court by the Overseas Legal Cell.

Under the National Medical Commission’s Foreign Medical Graduates Licensing Rules, 2021 in India, a doctor’s degree can be obtained if:

1. Medical degree is of 54 months duration,
2. Have a track record of at least 12 months long internship in the university where the student is pursuing the degree,
3. The medium of learning is English, if the foreign university is approved by WHO,
4. The student needs a permit from the Government of India/NMC/MCI, and
5. India has an internship record of 12 months.

Lastly, the student has to pass the National Exit Test (NEXT) to be licensed. To pursue medicine in India to complete their degree, students returning to Ukraine must pass the Foreign Medical Graduate Examination.

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International cooperation

On 15 May, a Safe Schools Declaration, a political pledge to protect education in war-torn scenarios, was endorsed in Norway. About 111 States have pledged to this Declaration for the necessary exchanges, cooperation and support of countries on a regular basis to exercise control over the implementation of the Declaration.

In past war events, the United Nations Children’s Fund (UNICEF) has come forward with various program ideas, most notably the USAID Education in Crisis and Conflict Network (ECCN) which has improved education in many war-torn countries.

I hope that agencies will now create flexible modes of education, whether in the form of radio programming or the Internet, to ensure that education continues as much as possible.

Historically it has been observed that during such war crises, educational institutions have faced temporary closure. But when they reopened, it was with renewed vigor and the introduction of new research avenues.

In a crisis situation like this, the most important concerns for evacuation are security insurance, finding a place to live, saving their family members, finding a way to continue their education and getting psychological help.

Therefore, as a duty, the United Nations and international organizations must build a global system that involves government officials and universities joining hands with educational institutions from other countries to create an international treaty of exchange and transfer of students. Let’s do.

There must be a consensus for relatively more efficient institutions to join with other international institutions to accept Ukraine-returning students during this predicament.

The Financial Administration of the UN and the United Nations for Youth should allocate financial aid to international universities to admit more students whose studies were suddenly halted due to the war. That way, the crucial years of his career would not go to waste.

Naresh M. Gehi is an Indo-US lawyer and the Director of Gehis Immigration and International Legal Services based in Mumbai, India. He is an expert in complex immigration strategies, M&A (Expansion, Acquisition), foreign investment, optimization of tax benefits, cross-border investments and tax issues. Currently, he is the Chief Adviser to the President of Suriname, and has been representing eminent Indians and American individuals in their international immigration and legal matters.

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