PRATEEK SINGH PATEL Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioner, a student of MBBS of S. Nijalingappa Medical College, Navanagar, Karnataka (which has not been made party to the petition) affiliated to respondent no.2 Rajiv Gandhi University of Health Sciences, Karnataka, has filed this writ petition impugning the order dated 15th December, 2009 of the respondent no.1 Medical Council of India rejecting the application of the petitioner for migration to B.R.D. Medical College, Gorakhpur, Uttar Pradesh affiliated to Deen Dayal Upadhyay Gorakhpur University (both of which have also not been impleaded as a party). The petitioner also seeks a mandamus commanding the respondent no.2 University to issue NOC for migration aforesaid of the petitioner.

(2.) The results of the first professional examination of the petitioner were declared on 29th August, 2008. As per the Regulations on Graduate Medical Education (Amendment) 2008 framed by the Medical Council of India with the previous approval of the Central Government and in exercise of powers conferred by Section 33 of the Indian Medical Council Act, 1956, migration of students from one Medical College to another Medical College in India is to be granted only in exceptional cases to the most deserving among the applicants for good and sufficient reasons and not on routine grounds. Such migration is permissible only if both the colleges i.e. the College from as well as the College to which migration is sought and the Universities to which both the Colleges are affiliated consent to the same. The procedural Rule in this regard is as under:

(3.) The Regulations further provide that migration during clinical course of study shall not be allowed on any ground.