MANISHA GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these petitions may be conveniently disposed of jointly as identical question of facts and law are involved in them. The principal question for decision is: Whether transfer of a' medical student of First Year MBBS course from one Medical College to another in Rajasthan is permissible. If so, under what circumstances?

(2.) ALL the petitioners got admission in First Year MBBS course, after having passed the Pre-Medical Test (for short 'p. M. T. ') of 1992. However, none of them was allotted S. M. S. Medical College, Jaipur, which was their first choice as place of study.

(3.) AN Expert Body, set up by the Medical Council of India, to make recommendations on 'graduate medical Education' examined the question of migration/transfer of medical students from one Medical College to another and one of the recommendations made by it related to the condition for eligibility to such migration/transfer. The relevant recommendations of the Expert Body, which were adopted by the Medical Council of India, are as under: - "v. Migration/transfer of students from one Medical College may be allowed to migrate/transfer to another recognised medical college to another: (a) A student studying in a recognised medical college may be allowed to migrate/transfer to another recognised medical college under another /same university. (b) The migration/transfer can be allowed by the University concerned within three months after passing the first professional examination, as a rule. (c) Migration/transfer of students during the Course of their training for the clinical subjects should be avoided. (d) The number of students migrating/transferring from one medical college to another medical college during one year will be kept to the minimum so that the training of the regular students of that college is not adversely affected. The number of students migrating/transferring to/from any one medical college should not exceed the limit of 5 per cent of its intake in any one medical college in one year. (e) Cases not covered under the above regulations are to be referred to the Council for consideration on individual merits. (f) AN intimation about the admission of migration/transferred students into any medical college should be sent to the Council forthwith. "