JAYASHREE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein is calling in question the Notification dtd. 1/8/2022 issued by the Directorate of Medical Education (Annexure-H) inter alia sought for direction to the Director of Medical Education to admit the petitioner to the II year MBBS Course inter alia sought for direction to the Director of Medical Education to admit the petitioner to the II year MBBS Course in the Mysuru Medical College and Research Institute, Mysuru or in the alternative to Mandya Medical College and Research Institute, Mandya.

(2.) It is the case of the petitioner that the petitioner had appeared in All India NEET Examination and on being successful in the competitive examination, she was allotted a seat in MBBS Course in Government Medical College, Kannur, State of Kerala as per allotment letter dtd. 6/11/2020. The petitioner passed the First year MBBS Examination. In the meanwhile, petitioner has suffered severe health issue of irritable bowel syndrome and she was not able to continue her study at Kannur and as such, approached the respondent No.1 for migration from Medical College, Kannur to Mysuru Medical College and Research Institute, Mysuru. Petitioner had appeared before the Medical Board of Victoria Hospital, Bengaluru and the Medical Board recommended the petitioner to transfer from Medical College, Kannur to Mysuru Medical College and Research Institute, Mysuru. The Rules governing migration of students from one college to another college is governed by Notification dtd. 4/7/2022 issued by the respondent-State. Petitioner has produced the No Objection Certificate issued by both colleges, viz. the Government Medical College, Kannur and the Mysuru Medical College and Research Institute, Mysuru. It is further stated in the writ petition that Mysuru Medical College and Research Institute, Mysuru has not published the merit list of the applicants who have applied for migration from other colleges. In the meanwhile, the Directorate of Medical Education issued Notification dtd. 1/8/2022 notifying the students who had applied for migration from one college to another college and the case of the petitioner was not considered and on the other hand, the respondents 6 and 7 were migrated to Mysuru Medical College and Research Institute, Mysuru from Mandya Medical College and Research Institute, Mandya. Feeling aggrieved by the same, the petitioner has presented this writ petition.

(3.) On service of notice, the respondent entered appearance. The respondent-State has filed detailed statement of objection stating that the petitioner ought to have made an application to directorate of medical education with No objection certificate from colleges and National Medical Council on or before 22/7/2022 and as the petitioner has not approached the Government at the earliest, the case of the petitioner cannot be considered at this stage and accordingly, sought for dismissal of the writ petition.