ROHAN PRABHAKAR RAO Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) THE petitioner is a medical student currently engaged in the 2nd Year M. B. B. S. Course of the 2nd respondent, Maharashtra University of Health Sciences ("the Health University" for short) in a college affiliated to it being the Mahatma Gandhi Missionss College Navi Mumbai, the 3rd respondent herein. The petitioner is seeking transfer to the Grant Medical College, Byculla, Mumbai, the 4th respondent herein.

(2.) THIS petition filed under Article 226 of the Constitution of India seeks to challenge the refusal of respondent No. 2 Health University to grant permission for the petitioners intra university transfer from one college to another.

(3.) THE petitioner discloses the following facts. The petitioner was admitted to the 3rd respondent college in 1998. He passed his First Year M. B. B. S. Examination on 15th August, 1999. It is the case of the petitioner that he suffers from severe anxiety and depression. In the past, he has displayed suicidal tendencies. The petitioners permanent residence is at Flat No. 2, Avanti, Narayan Dabholkar Road, Malabar Hill. On account of his admission in the 3rd respondent College, the petitioner is required to stay at Navi Mumbai. The separation from his home and family environment led to a grave deterioration in the health of the petitioner. As a consequence, he was referred to a psychiatrist for treatment in December 1998. He underwent treatment under the said psychiatrist till March 1999. He was evaluated by Dr. Machiswala, a consulting psychiatrist, who also gave him treatment. He underwent counselling. Dr. Machiswala found that the petitioner was suffering from anxiety and depression with suicidal tendencies. This was affecting his concentration, academic abilities and also his attitude to life. A further detailed examination and treatment was also carried out by Dr. Nand Katara, a psychiatrist, attached to the Nagpada Police Hospital under the supervision of Police Surgeon and Medico-legal Advisor to the Government of Maharashtra. The petitioner was admitted in the Nagpada Police hospital in March 1999 and was thereafter treated by the said psychiatrist from 22nd March 1999 onwards. The petitioner continues to take the treatment at the said Hospital. The said psychiatrist also found that the petitioner was suffering from mixed and depression with suicidal tendencies.