VISHWAJA JAULKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Non consideration of the request made by the Petitioner to get Migration / Transfer in the 2nd Professional MBBS Course from the present Institution (Late Shri L.A.M. Government Medical College, Raigarh) to the Pt. Jawaharlal Nehru Medical College, Raipur; despite availability of a vacant seat and the enabling provision under the Regulations issued by the Medical Council of India (for short, 'MCI') forms the subject matter of grievance projected in the writ petition.

(2.) The Petitioner has moved this Court with the following prayers :

(3.) As put forth by Ms. Naushina Ali, the learned counsel for the Petitioner, on getting qualified in the National Entrance cum Eligibility Test (NEET) in the year 2018, the Petitioner was granted admission in the Late Shri L.A.M. Government Medical College, Raigarh for the 1 st Professional MBBS Course. It is stated that the Petitioner has successfully completed the 1st Professional MBBS Course conducted by the University. By virtue of Rule 6 of the Medical Council of India Regulations on Graduate Medical Education, 1997 (for short, 'the Regulations') Migration/Transfer from one medical college to another can be sought for and obtained on successful completion of the 1 st Professional MBBS Course. As per Rule 6(4) of the Regulations, a candidate seeking for Migration should submit an application in proper form within one month of declaration of the result of the 1 st Professional MBBS Course. In the instant case, the result of the 1st Professional MBBS Course Examination 2018-19 was declared on 19.09.2019. It is also pointed out that necessary application in this regard has been submitted well within time before the Respondent concerned and that the Petitioner has obtained necessary NOC (Annexure-P/4) from the 5 th Respondent. Though necessary proceedings have been filed for granting NOC before the 6th Respondent as well (where the Petitioner is pursuing the studies as on date), it is still to be issued. No action has been taken by the 3rd Respondent / Director of Medical Education (DME) to grant Migration / Transfer to the Petitioner and hence the writ petition.