BHAVILA RISHI Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Inspite of service of all the respondents, no one has appeared to contest this petition. The petitioner is a Student of MBBS course in SMS Medical College, Jaipur. Earlier she was a student in an Institution of Russian Republic but due to disturbances in that country scheme for admitting students in Medical Colleges in India was introduced and she was permitted to migrate from the Medical College of Russia to the SMS Medical College, Jaipur. The permission letters are Annexures-7 and 8 dated 2nd July, 1992 and 11th September, 1992 respectively. Necessary documents asked for were submitted by the petitioner. Then her migration and admission to the SMS Medical College was cancelled on the ground that the Executive Committee of the Medical Council of India laid down a general policy not to allow students who have been sponsored by non-MCI agencies and on basis of this, her admission to SMS Medical College was cancelled. Hence, these orders have been challenged. It is surprising that first by Annexure-7, the Medical Council of India allowed the migration of the petitioner and subsequently this very Institution is recommending that the admission was only provisional and it should be cancelled, because her admission to the Russian Medical College was not on the recommendations of the Medical Council of India. It is obvious that having once left the Russian Medical College the petitioner, has now no way to go back if her admission in the SMS Medical College is also cancelled. Why cannot the authorities make proper guidelines at the appropriate time so that they do not have to play with the career of the students. If it was the intention not to allow migration to candidates sponsored by Non-MCI agencies then the petitioner should not have been given provisional admission to the SMS Medical College, Jaipur. To turn back the tables will be to leave the petitioner stranded, which cannot be permitted. In these circumstances, the writ petition is allowed and the orders Annexures-15 and 16 are quashed. The respondents arc directed to continue the petitioner with her studies in SMS Medical College, Jaipur.