ANITA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE common question of law and facts are involved in all the five cases and as such with the consent of the parties they have been heard together and are being disposed of by this common judgment.

(2.) THE petitioners in all the five cases have filed the present writ applications for quashing the letter dated 11.8.98 and 25.8.98 (Annexure -5 and 6 to CWJC No. 9348/98) written by the Secretary of the Medical Council of India to the Secretary, Govt of Bihar, Department of Health, requesting him to cancel the migration/transfer of 26 students of M.B.B.S. Course studying in third year from one College to different Medical Colleges of the State of Bihar and the order dated 12.8.98 (Annexure -4 to CWJC No. 9348/98) issued by the Department of Health, Government of Bihar cancelling the earlier notification dated 11.7.98 by which the transfers of the students were made. The said documents have been annexed in all the writ applications. However, for convenience the annexure numbers given are mentioned in CWJC. no. 9348/98 which shall be referred to hereinafter. Letter dated 11.8.98, 25.8.98 and 12.10.98 have been referred to as Annexure - 5, 6 & 4 respectively.

(3.) THE stand of the Medical Council of India as appears from the counter affidavit is that the migration/transfer is not as a matter of right and the State government has no power, authority and jurisdiction to allow migration/transfer of the students from one recognised medical college to other. The matter of migration/transfer falls within the exclusive domain of the Council and the order of the State government dated 11.7.98 is without jurisdiction. The Council with previous sanction of the Central Government has framed a reguletion, namely, Regulations on Graduate Medical Education, 1997(hereinafter referred to as the Regulations 997) which was published in the Gazette of India on 17.5.97 and it came into force from that date. Prior to that Regulation of 1977 was in operation which cease to exist after coming into a force of the Regulation, 1997. Change of Syllabus/duration of course in the Regulations of 1997 will not make the Regulations of 1997 applicable to the students who were admitted prior to coming into force of the Regulations, 1997.