SHISHIR DANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner, a second year MBBS student in the Late Shri Lakhi Ram Agrawal Memorial Government Medical College (for brevity 'the Raigarh College'), has approached this Court seeking migration from the Raigarh College to Pt. Jawahar Lal Nehru Memorial Medical College, Raipur (for brevity 'the Raipur College') under Regulation 6 of the Medical Council of India Regulations on Graduate Medical Education, 1997 (for brevity 'the Regulations, 1997').

(2.) Ms Naushina Ali, learned counsel appearing for the petitioner, would contend that under Regulation 6 of the Regulations, 1997 migration from one college to another college is permissible, however, despite the petitioner having moved application on 5-11-2019 and thereafter, by his father on 29-9-2020 and 30-9-2020, no action was taken even though other candidates namely; Nida Us Sahr, Arshad Raza Sheikh and Vishwaja Jaulkar, whose writ petitions bearing WPC Nos.917, 1130 and 1644 of 2020, respectively have been allowed by this Court, have been granted migration and in addition other students namely; Ms Khushi Jain and Ms Amrita Gupta have been allowed migration even without Court's intervention.

(3.) Learned counsel would further contend that petitioner's case is identical to the cases of Nida Us Sahr, Arshad Raza Sheikh and Vishwaja Jaulkar whose writ petitions have been allowed inasmuch as vacancy exists in the Raipur College for migration/transfer on account of many students having failed not only in the University examination, but also in the supplementary examination.