AMEY PRAKASH KASBEKAR Vs. DIRECTOR MEDICAL EDUCATION

JUDGEMENT

(1.) The Petitioner was admitted to the Krishna Medical College at Karad, a Deemed University, in July 2009 for pursuing the M. B. B. S. degree course. The Petitioner passed his first MBBS examination on 26 July 2010. The Petitioner submitted an application for transfer from Krishna Medical College to Lokmanya Tilak Municipal Medical College, at Mumbai on or about 8 September 2010. The Petitioner obtained, before submitting the application, a no objection certificate of the relieving institution. On 14 September 2010, the Maharashtra University of Health Sciences ('MUHS') also granted its approval for the transfer/migration of the Petitioner to the Lokmanya Tilak Municipal Medical College at Mumbai. The Petitioner was informed by a letter dated 30 December 2010 of the Director, Medical Education and Research, Mumbai that his name was not listed in the transfer list because of a restriction on the number of transfers from the receiving college for the regular batch of June 2010 and reliance was placed in that regard on Guideline No. 2 of the information brochure for transfer of medical students in the State of Maharashtra for 2010-11. The Petitioner submitted representations and thereafter instituted these proceedings under Article 226 of the Constitution.

(2.) In support of his application for transfer, the Petitioner produced a medical certificate dated 13 August 2010 of a consulting ENT Surgeon at Sterling Hospital, Navi Mubai stating that the Petitioner was under medical care for Rt. Vestibular Neuritis.

(3.) The Medical Council of India ('MCI') in exercise of powers conferred by Section 33 of the Indian Medical Council Act, 1956 has framed regulations on graduate medical education. Clause-6 of the regulations on Graduate Medical Education, 1997 provided that migration from one medical college to another may be considered by the MCI "only in exceptional cases on extreme compassionate grounds" provided certain criteria are fulfilled. Among the criteria that were prescribed, were that both the colleges must be recognized by the MCI, the candidate should have passed the first professional MBBS examination and an application for migration complete in all respects, should be submitted within one month of the declaration of results of the first professional MBBS examination. Moreover, an applicant was required to submit an affidavit stating that the student would pursue 18 months of prescribed study before appearing at the second professional MBBS examination at the transferee medical college, which should be duly certified by the Registrar of the concerned University. Migration during clinical courses of study was not allowed. As originally framed, Clause-6 of the Regulation contained a note specifying compassionate grounds as: