MEDICAL COUNCEL OF INDIA Vs. DIPARANI P DESHMUKH

JUDGEMENT

(1.) Special leave granted.

(2.) Respondent No. 1 was admitted into MBBS Course of Bharati Vidyapeeth Medical College, Pune in June 1995 On 27th December, 1997, she passed 1st MBBS Examination on second attempt from the said College and in April 1998 she moved an application for migration to the Medical College, Aurangabad. The Migration Subcommittee of the Medical Council of India rejected this application whereupon a writ petition was filed on 30th July, 1998 in the High Court. By order dated 26th March, 1999, respondent No. 1 was allowed to attend the 2nd Year MBBS classes at the Government Medical College, Aurangabad and it is this order which is challenged in the present case.

(3.) The Regulation framed by the Medical Council of India pertaining to migration is Regulation 6. It inter alia provides that migration from one medical college to another is not a right of a student. It is only in exceptional cases on extreme compassionate grounds that migration can be allowed. Sub-Clause (iii) of Note 1 in Regulation 6 stipulates that Medical Council reserves the right not to entertain any application which is not under the prescribed compassionate grounds. Note 2. reads as follows: "note 2: Compassionate grounds criteria: (i) Death of a supporting guardian. (ii) Illness of the candidate causing disability. (iii) Disturbed conditions as declared by Government in the Medical College area. "