MEDICAL COUNCIL OF INDIA Vs. SARANG

JUDGEMENT

(1.) Respondent No. 1, being a student of medical college in New Mumbai, sought for migration to a medical college at Aurangabad, his hometown, on certain medical grounds. The appellant rejected the application as he did not fall within the purview of the compassionate grounds specified in the relevant regulations. Respondent No. 1 filed a writ petition before the High Court of Bombay for a direction to the appellant to permit migration on the ground of mental depression and on the additional ground that his father was having angina problem. He also filed a Misc. Application in the said writ petition stating that he was suffering from acute renal failure and his father was suffering from hypertension and unstable angina. The High Court directed the appellant to re-examine the case of respondent No. I for migration on the basis of the medical certificate issued on 2-10-1998. The appellant again examined the case of respondent No. 1. and declined to grant migration by communication sent on 7-1-1999. However, on 13-1-1999, on account of some misunderstanding of the matter, the learned Counsel for the appellant, who appeared before the High Court, stated that the appellant had permitted the migration which was in fact contrary to the communication sent on 7-1-1999 to the Assistant Registrar of the High Court. On the basis of the statement made in the High Court, the High Court directed the provisional admission of respondent No. 1 in the medical college at Aurangabad. The High Court was informed on 21-1-1999 that the statement made by the appellant's counsel was incorrect. However, no modification was made in the order of the High Court. By order dated 12-2-1999, the High Court again directed that the copies of the latest test reports along with the report of the Civil Surgeon be sent to the appellant for reconsideration of the matter. On 15-4-1999, the appellant made an order allowing migration of respondent No. I subject to the condition provided in Regulation 6(5) of the Medical Council of India Regulations on Graduate Medical Education, 1997 that he should appear for the IInd professional MBBS examination only after completing 18 months study in the transferee college from the date of migration and affidavit to that effect be obtained from respondent No. 1. The High Court, by an order made on 29-4-1999, construed Regulation 6(5) does not require the study of 18 months at the transferee medical college after the date of migration before appearing for the llnd professional MBBS examination, and thus allowed the writ petition.

(2.) On appeal by special leave, this Court granted leave and stayed the order of the High Court but without affecting the benefit derived by respondent No' , 1.

(3.) It must be made clear in this case that respondent No. 1 has already passed the IInd professional examination and also cleared the IIlrd professional examination and whatever may be the outcome of the present case, he will not be affected adversely by the order of this Court. The appellant is more interested in interpretation of Regulation 6(5) framed by it.