MUGDHA ANIL KATDARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed by a student taking education in an unrecognised medical college by name M. A. E. E. R. s Medical College, Talegaon, Dabhade, Pune. The grievance in the petition is that the Authorities are declining to grant transfer to the petitioner from M. A. A. E. R. s medical college to B. J. Medical College which is a college recognised by Medical Council of India.

(2.) MR. Bhagalia, learned counsel for the petitioner, has submitted that though M. A. A. E. R. s Medical College is not a recognised College, the petitioner had opted for the said college since in the status code; as against M. A. A. E. R. s Medical College, Talegaon, Dabhade, Pune, status "a" is shown indicating that the said college was a approved college and according to Mr. Bhagalia, the said status has to be equated to the status of recognised Medical College, especially after the amendment which was introduced by the Indian Medical Council (Amendment) Act, 1993, inserting Sections 10a, 10b and other relevant Sections. Mr. Bhagalia contends that the procedure prescribed under the amended provisions of Sections 10a to 10c once followed, eliminates a need of action giving a formal recognition by Medical Council of India. This, in effect, is the main plank of Mr. Bhagalias submission and based on this submission, he contended that M. A. E. E. R. s Medical College having been shown as approved status and the procedure under Section 10a as introduced by amendment having been followed, the said College must be deemed to be recognised by the Medical Council of India and thus, there was no reason why the request for transfer should be declined on the ground that the M. A. E. E. R. s Medical College is not recognised and, therefore, transfer from non-recognised College to recognised College should not be permitted. Mr. Bhagalia, in support of his contentions, has relied on the following decisions:-

(3.) MR. Rane, learned Additional Government Pleader for respondents Nos. 1 to 3, has submitted that there is an essential distinction between a College being "approved" and "recognised". According to Mr. Rane, amendment as per Section 10a deals only with establishment of new Medical Colleges or starting of new course of study in College which is already established and has nothing to do with the procedure for granting recognition by Medical Council of India. Mr. Rane pointed out that the M. A. E. E. R. s Medical College had started in 1995-96 and the status was shown in the rules for 1995-96 as College which is approved "a" and the petitioner has opted for the said College knowing fully well that the word "approved" does not mean recognised since in the rules against all recognised Colleges the status shown is "r". Mr. Rane pointed out the rules for transfer and eligibility therefor and the other relevant rules, Rule (B) reads as under :-