Ukraine returned students: Sympathy over quality?

It is unfortunate that some 22,000 students from India (including about 750 from Telangana) who were pursuing medical studies in Ukraine have had to come back home due to the ongoing war between Russia and Ukraine. The whole nation sympathises with the plight of these students because of the loss of money and career opportunities.

However, in order to mitigate the problems of these students the proposal mooted by the Telangana Chief Minister K Chandrashekar Rao fails in the acid taste of propriety. According to the media reports, the Chief Minister has requested the Prime Minister to accommodate all the 22,000 Ukraine returned medical students into existing medical colleges in India; and if necessary create extra seats on one time basis so that these displaced students do not lose the precious academic year. The Chief Minister has also offered to bear tuition fees of all the students numbering about 750 belonging to Telangana.

Undoubtedly such a magnanimous gesture by the Telangana Chief Minister has roots in the soft corner and sympathy for sons (and daughters, too) of the soil and sympathy. However, considering the facts of the matter, it is clear that this victim or sympathy card really does not suit the Ukraine returned students. It is of the common knowledge that in India to crack the medical entrance test is a herculean task.

Out of some 15 to 16 lakh aspirants every year for medical seats less than half qualify in the National Eligibility cum Entrance Test (NEET). Further, due to the paucity of seats in the government medical colleges other qualified students have to pay hefty sums ranging from Rs 60 lakh to Rs 1 crore for an MBBs seat. In contrast, the universities in Ukraine and other European Countries accommodate foreign students just for a cost of Rs 25 lakh to Rs 30 lakh. Therefore, a large number of students particularly from the middle class families opt for the Foreign Education. Commercial banks also finance the foreign education on liberal terms. Secondly and most importantly, the students with low acumen who cannot even dream of clearing the NEET in India, find green pastures in Ukraine and other Russian and European countries. The lower standards of these foreign universities are well-known to the Indian authorities and therefore, even after graduating from such universities abroad, these degree holders have to clear a test mandatorily without which they cannot practice medicine in India. The performance at the qualifying test by foreign graduated doctors is to say the least, miserable. Every year below 15% of the foreign qualified doctors clear this test at home. Still there is a craze for foreign medical education particularly among boys because it fetches a handsome amount of dowry in the marriage market.

There is one more legal angle also. Accommodating the Ukraine returnees in the existing medical colleges along with really meritorious students will amount to discrimination in favour of the former. Articles 14,15 and 16 of the Constitution do not permit any kind of arbitrariness or discrimination. However, to be fair with the displaced students the Medical Commission of India may without relaxing standards, hold a special NEET examination only for such Ukraine displaced students and those who pass may be accommodated in the existing medical institutions. It also augurs well that Russia has volunteered to accommodate the displaced Indian students of Ukraine universities in Russian universities. Such students may be encouraged to avail this offer by the government.

• HAREN PANDYA CASE ACCUSED ACQUITTED

After a prolonged trial of 19 years, 8 accused persons who were booked under different sections of the IPC including those relating to waging war against State, sedition, causing disappearance of evidence, attacks on a religion and section 12 of the Indian Passport Act in connection with murder of former Gujarat Home Minister Haren Pandya in 2003 were acquitted by the Metropolitan Sessions Judge's Court at Hyderabad.

The court observed that, the prosecution failed to prove the charges against the accused. One more case of half-backed police investigation!

• AP HC ON BAIL TO A DEFAULTING ACCUSED

In a case titled, Dommeti Chakradhar Vs State of AP, a single Judge-bench of Justice Cheekati Manvendranath Roy has observed that bail can be granted to an accused against whom the non- bailable warrant was issued due to his absence during issue of summons.

The court added that in the case on hand the accused had no knowledge of summons as he has changed his residence and therefore, he could not appear on the dates before the trial court.

Allowing the criminal petition filed under section 439 of the Cr P C to enlarge the petitioner on bail the court observed that the petitioner could not appear before the court earlier as he had shifted his residence and no summons could be served on him. Therefore, his absence was not deliberate and willful.

• CHHATTISGARH HC verdict ON RIGHTS OF UNMARRIED DAUGHTERS

The Chhattisgarh High Court has held that section 3 (b)(ii) of the Hindu Adoptions and Maintenance Act includes in unambiguous terms, expenses towards marriage.

A division bench of Justice Goutam Bhaduri and Justice Sanjay S Agrawal in Rajeshwari Vs Bhunu Ram held that in Indian society, normally expenses are required to be incurred for pre-marriage and at the time of marriage and therefore, courts could not be in "denial mode" when such rights are claimed by unmarried daughters.

The bench was hearing an appeal from an order of a family court which had dismissed the application by an unmarried daughter claiming an amount of Rs. 25 lakh the purpose of marriage.

The High Court, in the light of the above-mentioned discussion, remanded the case back to the Family Court for adjudication on merits.

• SC ON REOPENING OF I-T ASSESSMENT

A bench of Justice Uday Umesh Lalit and Justice Ravindra Bath on March 28 has held that reopening of assessment under the Income Tax Act is valid if there is tangible material for the same and sufficiency of such material cannot be subjected to Judicial Review.

Writing the judgment in Deputy Commissioner of Income Tax Vs M R Shah Logistics Pvt Ltd the apex court observed as follows: "As long as there is objective tangible material (in the form of documents, relevant to the issue) the sufficiency of that material cannot dictate the validity of the notice." Holding that the assessee may have a reasonable explanation, is not a ground for quashing a notice under section 147, the bench disagreed with the Gujarat High Court Judgment which had concluded that since there was no tangible material available or reasons for the AO to view upon the assessment the notice under section 147 was quashed.