BHAWANA NARULA MS Vs. MANJU CHAUDHRY MS

JUDGEMENT

(1.) Special leave granted.

(2.) These appeals relate to admission to the second Professional MBBS course in Maharishi Dayanand University by migration from other universities. The case of the appellants Ms. Bhawana Narula, Manish Jain and Anjali Hooda, is that they have satisfied the requirements stipulated by the medical Council of India and also Maharishi Dayanand university and were granted migration from the colleges where they were pursuing the MBBS course. They joined Maharishi Dayanand university on the strength of migration granted by the University. On 4th June, 1994, the appellants received communication from Maharishi Dayanand University that their applications for migration to the Second professional MBBS course in Maharishi Dayanand University had been granted. On receipt of this intimation, they left the colleges in which they were studying in Karnataka and joined Maharishi Dayanand University, Rohtak. Since June, 1994 they were pursuing their studies in Maharishi Dayanand University.

(3.) Some of the persons, who could not obtain migration to Maharishi Dayanand University from other universities, filed writ petitions challenging the validity of the migration granted to the appellants. These writ petitions were heard along with the batch of other cases relating to the migration to the BDS course of Maharishi Dayanand University. It appears from the affidavit filed by the Registrar on behalf of the University that there is one fundamental difference in the principle followed by Maharishi Dayanand University for considering the cases of migration of candidates for MBBS course from the manner in which migration was allowed in the BDS course. For considering the case of migration to MBBS course, the Maharishi Dayanand University set up a Committee to examine the cases of various students who were seeking migration. The Committee comprised of:-