ADITI SURENDRA MODI Vs. B J MEDICAL COLLEGE

JUDGEMENT

(1.) Aditi Surendra Modi has filed the present petition mainly for a direction directing the respondents to give admission to the petitioner in the Second Term of First Year M.B.B.S. course at respondent No. 1 Medical College and other consequential reliefs. The petitioner had appeared for Higher Secondary Certificate Examination (H.S.C. Examination) held in the month of March/April 1996. When the result of the said examination was declared it was found that she secured 471 out of 650 marks and she had secured 404 out of 450 marks in Science and Mathematics. She had applied for verification of her marks. By the time admissions for M.B.B.S. course were also going on. She applied for admission in the M.B.B.S. course before the authority. The authority took a decision that those students who had secured 405 and above marks in Science and Mathematical subjects were to be given admission in B. J. Medical College, Ahmedabad and those students who have secured less than that were to be admitted in Medical College, Baroda. The claim made by the present petitioner to verify her marks in H.S.C. Examination was not decided till then and therefore, she was given admission in Medical College, Baroda. She joined the Medical College, Baroda on 26-11-1996 and started her studies for First Year M.B.B.S. In the meantime, she had filed S.C.A. No. 9522 of 1996 as regards verification of her marks and in that petition it was found on verification that she had secured 406 marks out of 450 marks. B. J. Medical College, Ahmedabad was joined a party to the said petition so also the authority giving admission for M.B.B.S. course. After the said decision, Dean, B. J. Medical College, Ahmedabad informed her by letter dated 4/5-6-1997 that she was eligible for admission in B. J. Medical College and that there were vacancies in the said Medical College. She was also informed that her shifting to the said college does not guarantee granting her terms as her attendance in the First Year M.B.B.S. at Medical College, Baroda could not to be accepted. When she approached the Dean, B. J. Medical College, she was informed that she would be taken as a fresh student. By that time she had completed two terms in the Medical College at Baroda. She had appeared in the first term examination on 27-2-1997 and she was declared successful in the said examination and stood third in the said examination. She, therefore, approached this Court. During the pendency of this petition, she also appeared for second term of the First Year M.B.B.S. examination held on 17-7-1997. She has passed that examination and she has also stood third in the said examination.

(2.) The contention of the respondent Gujarat University is that as per the Rules of the Medical Council, no migration is permissible during the 18 months course and the petitioner would be given admission as per letter of the Dean, B. J. Medical College, Ahmedabad dated 4/5-6-1996 as a fresh student. It is further brought to my notice that as per Rules of the Medical Council, migration is not a right of a student and the petitioner could not be granted migration in the midst of 18 months terms of First Year M.B.B.S. course.

(3.) There is no dispute of the fact that when the result of H.S.C. examination of the present petitioner was declared, it was found that she had secured 404 marks out of 450 marks. However, on revaluation of her answer books it was found that she had secured 406 out of 450 marks. If she was given correct and proper marks at the time of declaration of the result of her H.S.C. examination, then in the natural course, she would have secured admission in the B. J. Medical College on merits. She has been denied admission in the B. J. Medical College, Ahmedabad on merits for no fault of her own.