SHIRISH GOVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HAVING heard learned counsel, we have no hesitation in taking the view that the argument advanced to support the claim for such a right of migration/transfer is tenuous and cannot be accepted. Learned counsel appearing for the petitioners in Writ Petition No.351 of 1992 and Special Leave Petition No.4902 of 1992 and for respondent Nos. 1 and 2 in Civil Appeal Nos.3 and 4 of 1991 were unable to show the foundation for such a claim on which the relief of migration/transfer was claimed. The only argument advanced was that differentiation between students of a non - recognised medical college and a recognised medical college for the purpose of migration/transfer when the degree of MBBS awarded to students of both the categories of Medical College is recognised by the universities to which they are affiliated, is discriminatory and arbitrary. It was urged that for this reason the above -quoted recommendation of the Medical Council of India which has been accepted and forms the basis of refusal of permission for migration/transfer of students of a non -recognised medical college to a re -cognised medical college, is discriminatory.

(2.) LEARNED counsel were unable to show that a right of migration/transfer of a student from one medical college to another inheres to a student ¥ hors the conditions subject to which the migration/transfer is permitted. It is also not disputed that in case a recognised medical college chooses not to take any student by migration/transfer from another medical college, it cannot be compelled to do so. It follows that unless a recognised medical college offers to admit by migration/transfer some students from another medical college no student can claim as of right admission by migration/transfer to that medical college. The limited question, therefore, is whether a recognised medical college when it decides to admit by migration/transfer some students after passing the first MBBS examination from another medical college, it can restrict its choice only to students who were admitted to and have passed the first MBBS examination from a recognised medical college only, excluding from consideration such students from non -recognised medical colleges. Undoubtedly, it is one of the recommendations on Graduate Medical Education adopted by the Medical Council of India which is being acted upon by recognised medical colleges while taking students by migration/transfer.

(3.) THE Medical Council of India having chosen to accept these recommendations, such a condition of eligibility for migration/transfer from one medical college to another adopted by the recognised medical colleges cannot be termed unreasonable or arbitrary. The qualitative difference between the non -recognised medical colleges generally as compared to the Medical Colleges recognised by the Medical Council of India, the recognition being based on certain objective standards relating to medical education, and the competitive merit forming the basis for admission to a recognised medical college justify as reasonable such a restriction for grant or permission for migration/transfer from one medical college to another. One of the purposes served by such a restriction is to permit this inter -college movement of students after passing the first MBBS examination only between students of recognised medical colleges and to prevent indirect entry into recognised medical colleges of students who had failed initially to secure entry into a recognised medical college. Movement of students between recognised medical colleges only is quite often to facilitate the students thereof in certain circumstances without conferring on them any additional benefit after the initial entry to a medical college duly recognised. Viewed in this manner, such a condition of eligibility for migration/transfer to a recognised medical college permitting only students of recognised medical college is neither arbitrary nor unreasonable. There being no inherent right in a student admitted to a non -recognised medical college to claim such migration/transfer, this restriction for migration/transfer imposed by the recognised medical college on the basis of the recommendations adopted by the Medical Council of India, there is no foundation for the claim for such migration/transfer made by the students of non -recognised medical colleges.