Transferring from college to another, seems like a harmless action, right? However, this is a highly complicated procedure. What are the problems associated with transferring from an unrecognized university to a recognized on? The Supreme Court clarified in a recent case.
Facts
In the given case a student wanted to transfer from Ananta Institute of Medical Sciences & Research Centre, Rajsamand to Dr. S. N. Medical College, Jodhpur. The Board of Directors at the Medical Council of India (MCI) refused to entertain the application of migration. The student filed a petition with the Rajasthan High Court. The Rajasthan ruled in favour of the student and permitted the migration. The MCI approached the Supreme Court for reversal of the High Court decision. It is to be noted that the said student was in the third year of her course. The college she was pursuing her course was an unrecognised private medical college and the college she wanted to transfer to was a government medical college.
Arguments
The petitioner in the appeal, MCI argued that the said student belonged to the OBC category. The marks required to gain admission in the college she wanted to transfer to was 560 out of 720 for the OBC category. However, the girl had secured only 110 marks. Also, since she was in her third year, clinical subjects had begun therefore transferring would be a difficult procedure. This was in accordance with Regulation 6(2) of the Graduate Medical Education Regulations, 1997.
The respondent stated that previously a person, Daksh Sharma was allowed to migrate, by relaxation of regulations, this proved that MI could permit the migration. MCI’s decision to prevent migration was described as “discriminatory.”
Court Decision
The Court overruled the Rajasthan High Court’s decision. The two-judge bench comprising of Justices Nageswara Rao and Indira Banerjee while stating “The term ‘Migration’ cannot be read out of context without reference to the Regulation which clearly provides that both colleges should be recognised u/s 11(2) of the Act” held that the Rajasthan High Court had “erroneously” interpreted Regulation 6(2) as the “Regulation clearly restricts migration from an unrecognized university to a recognised one.” The judgement stated that “The Graduate Medical Education Regulations, 1997 required that migration of a student pursuing an undergraduate medical course was permissible only if both the colleges were recognised by the Centre under Section 11(2) of the Indian Medical Council Act of 1956.” The Court also held that migration was not permitted during the clinical course of study.
CIVIL APPEAL NO.309 OF 2021 (Arising out of SLP(C)No.11598 of 2020)
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgement from the court. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can also contribute blog, articles, story tip, judgment and many more and help us spread awareness for a better society. Submit Your Post Now.
