KM ANJANA SINGHAL Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) This Special Appeal instituted by writ petitioner of Civil Misc. Writ Petition No. 25362 of 1998 brings to the fore the question as to whether the migration Sub-Committee of the Medical Council of India was vindicated in rejecting the appellant's application moved for migration holding that the reason given by the appellant was not covered by compassionate ground criteria of Migration Rules of Council Regulations on Graduate Medical Education, 1997.

(2.) The facts draped in brevity are that the appellant was admitted to M.B.B.S. course in Kasturba Medical College. Manipal consequent upon romping home in All India Test/examination held in the year 1996. After she had completed first year in the said course, she applied for migration from Manipal Medical College to King George Medical College, Lucknow. The colleges concerned did not demur to migration and Issued 'no objection certificates". The Migration Sub-Committee of Medical Council of India having seisin to go into the tenability of such requests turned down the request of the appellant on the assumption that "the reason given by the candidate is not covered by any provision as enumerated and specified under Note 2, i.e., 'compassionate ground criteria of migration Rules of Council Regulations on Graduate Medical Education, 1997." The said decision of the Sub-Committee was intimated to the appellant by letter dated 14th July, 1994 being Annexure-14 to the writ petition. It would appear that the appellant had been afflicted with Bronchial Asthma and according to her, the disease was reflecting upon her with disability within the meaning of the relevant rules in view of asperities of climatic situation of the place where Kasturba Medical Council Manipal is located.

(3.) We have heard the learned counsel for the parties and perused the judgment under challenge. The learned single Judge after noticing the definitions and meaning of the word 'disability', held the view that a person in order to become disabled, should be Incapacitated and may have lost the power to work and expressed the view that "this Court does not have expertise to decide the question whether a patient of Bronchial Asthma is to be treated in the category 'illness causing disability". Rule 6 of the rules providing for migration from one Medical College to the other. visualises, inter alia, that migration of a student from one Medical College to another Medical College in India may be considered by the Medical Council of India only in exceptional cases on extreme compassionate grounds provided the other conditions stipulated in the rules are fulfilled. It brooks no dispute that other conditions embodied in the rules are fulfilled. in the instant case, the appellant has been denied migration solely on the ground that her case is not covered under compassionate ground criteria' referred to in Note 2 of Rule 6 of the relevant Migration Rules quoted in the Judgment of the learned single" Judge. it would crystallise that 'illness of the candidate causing disability' comes under compassionate ground criteria' stipulated by Note 2. Rule 6 of the relevant Rules. The question that begs consideration is whether Migration Sub-Committee was Justified in holding that the case of the petitioner was not covered by any provision as enumerated and specified under the 'compassionate ground criteria' of migration rules of Council Regulations on Graduate Medical Education. 1997. It is worth noticing here that there is no straight-jacket formula for answer to the 'question, whether or not. Bronchial Asthma is fraught with the perils of causing disability within the meaning of the rules would be entwined with number of ancillary factors Including the severity of Bronchial Asthma. According to the Medical Experts, there is no curative treatment for Bronchial Asthma and avoidance of allergens (allergy producing agents) is the only possible cure and it is well known that allergens differ from place to place and region to region and catalyst of environment, it cannot be repudiated, may remove the offending allergens. According to the Nelson Textbook of Paediatrics, 15th Edition "Asthma therapy includes basic concepts of avoiding allergens, improving bronchodilation and reducing mediator induced inflammation. Systemic or topical inhaled medications are used, depending upon the severity of the episode." According to 'Essential Paediatrics by O. P. Ghai, 4th Edition. the triggers of an attack of Asthma have been described as under :