SHIRISH GOVIND PRABHUDESAI GAURI GULATI MISS MEDICAL COUNCIL OF INDIA Vs. STATE OF MAHARASHTRA:MUNICIPAL CORPORATION OF GREATER BOMBAY:RAJENDRA S SANKPAL

JUDGEMENT

(1.) The common question involved for decision in these matters is the right of a student admitted in a medical college not recognised by the Medical Council of India to claim migration/ transfer to a medical college recognised by the Medical Council of India after passing the first MBBS examination from the medical college to which the student has been admitted. The students claiming the right to such migration/transfer assert that no discrimination can be made for this purpose between a student admitted initially to the MBBS course in a medical college not recognised by the Medical Council of India and one who has been admitted initially to a medical college recognised by the Medical Council of India. In substance the contention is that both these categories of students belong to the same class being admitted to a medical college where from they obtain the MBBS degree recognised by a university. This question arises in the context of a condition for eligibility to such migration/ transfer prescribed by medical colleges recognised by the Medical Council of India for entertaining the application from a student for migration/ transfer to the recognised medical college after passing the first MBBS examination only if the applicant had been initially admitted to and had passed the first MBBS examination from a medical college recognised by the Medical Council of India. Such a condition of eligibility for migration/ transfer to a recognised medical college is prescribed by the recognised medical colleges on the basis of one of the recommendations on Graduate Medical Education adopted by the Medical Council of India which is as under:

(2.) The material facts on which the above point is to be decided in these matters are only a few. In Writ Petition No. 351 of 1992, the petitioner Shirish Govind Prabhudesai was admitted initially to the MBBS course in Bhausaheb Hire Government Medical College, Dhule in September 1990. After passing the first MBBS examination, the petitioner applied in January 1992 for his transfer from Bhausaheb Hire Government Medical College, Dhule to B.J. Medical College, Pune. By a letter 'Annexure D' of January 18, 1992, the Director, Medical Education and Research, Bombay refused to permit such transfer stating that no transfer can be granted to a student who had passed his first MBBS examination from a non-recognised Medical College, such transfer being permitted only from one recognised medical college to another recognised medical college. In view of several matters pending in this Court involving for decision the same point, the petitioner filed this writ petition under Article 32 of the Constitution for the substantial relief of grant of permission to him for transfer to B.J. Medical College, Pune.

(3.) Special Leave Petition No. 4902 of 1992 is against the order dated March 18, 1992 passed by the High Court of Judicature at Bombay dismissing the Writ Petition No. 498 of 1992 wherein a similar prayer made by the petitioner, Miss Gauri Gulati for transfer from N.K.P. Salve Institute of Medical Sciences and Research Centre, Nagpur, a non-recognised college to a recognised medical college in Bombay was refused on the same ground. The Bombay High Court took the view that such a condition of eligibility for migration/ transfer prescribed by a recognised medical college for admitting students by migration/ transfer after passing the first MBBS examination was not unreasonable or arbitrary to permit any interference by the High Court. The petitioner has filed the special leave petition aggrieved by this order.