NIDA US SAHR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner, a student of 2nd year MBBS in the Government Medical College, Raigarh, (respondent No.6 herein) has approached this Court seeking migration from the said college to the Chhattisgarh Institute of Medical Science (CIMS), Bilaspur under Regulation 6 of the Medical Council of India Regulations on Graduate Medical Education, 1997 (for short 'the Regulations, 1997').

(2.) It is not disputed that the petitioner applied for migration in accordance with the procedure prescribed under Regulation 6 and thereafter necessary No Objection Certificate (NOC) has been issued by the Government Medical College, Raigarh and the CIMS, Bilaspur. The Director of Medical Education (DME) is required to pass necessary orders within a period of one month from the date of application, however, no order having been passed, the writ petition has been preferred.

(3.) Shri Gagan Tiwari, learned State Counsel would submit that the NOC issued by the CIMS, Bilaspur is a conditional NOC impliedly stating that there is no vacancy in the 2nd year MBBS Course of the concerned batch at CIMS, Bilaspur, therefore, the DME has not passed any order.