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PETITIONER: SHIRISH GOVIND PRABHUDESAI

       Vs.

RESPONDENT: STATE OF MAHARASHTRA AND ORS.

DATE OF JUDGMENT21/10/1992

BENCH: [J.S VERMA, YOGESHWAR DAYAL ANDN. VENKATACHALA,JJ.]

ACT: Education-Professional Colleges: Migration/transfer of  student from  one Medical  college to another - condition of eligibility-student of non-recognised Medical college  refused transfer  to  recognised    Medical colleges-Validity of. Constitution of India 1950: Art.14  Migration-transfer  of  students  from  one  Medical College to another-Eligibility condition-Refused of transfer to  students   of  non-Recognised   Medical  College-Whether arbitrary and unreasonable.

HEADNOTE: The present Writ petitions, special Leave Petitions and Civil Appeals relate to the right of a student admitted in a medical college  not recognised  by the  Medical Council  of India to  claim  migration/transfer  to  a  medical  College recognised by the Medical council of India after Passing the first MBBS  Examination. The  condition of  eligibility  for migration/transfer to  a recognised medical college has been prescribed by  the colleges  on the  basis  of  one  of  the recommendations  one   of  the  recommendation  on  Graduate Medical Education  adopted by  the Medical Council of India. This condition  relates  to  migration  medical  college  to another recognised medical college. It was  contended on  behalf of  the aggrieved  student that differentiation  between  student  of  non-  recognised medical colleges and recognised medical colleges for purpose of migration/transfer  when the  degree of  MBBS awarded  to students of  both the  categories of  medical colleges stood recognised by  the University  to which  the  colleges  were affiliated, was discriminatory and arbitrary. Disposing of the matters, this court, HELD :  1.1. 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. A recognised medical   college    when   it    decides   to    admit   by migration/transfer   some    student   after   passing   the first MBBS  examination from  another medical  colleges, can restrict its   choice  only to students who were admitted to and have passed the first MBBS examination from a recognised medical  colleges.   Undoubtedly,   it   is   one   of   the recommendations on   Graduated  Medical Education adopted by the Medical  Council of  India which  is being acted upon by recognised  medical   colleges  while   taking  student   by migration/transfer. [106-E,F.G]

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1.2. The  recommendation on  Graduate Medical Education are by  an expert body of the Medical Council of India which is entrusted  with certain  statutory functions  relating to medical education  by the  Indian Medical Council Act, 1956. The Medical  Council of  India having chosen to accept these recommendation  s,  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 of 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  student  of  recognised  medical colleges of  students and  to prevent  indirect  entry  into recognised medical  colleges  of  students  who  had  failed initially to  secure entry into secure entry into recognised medical colleges.  Movement of  students between  recognised medical colleges  only is  quite  often  to  facilitate  the students  therefore   in   certain   circumstances   without conferring on  them any additional benefit after the initial entry to a medical colleges duly recognised. [106-H JUDGMENT: 1.3. There  being no inherent right in student admitted to  a   non-recognise  medical   college   to   claim   such migration/transfer, this  restriction for migration/transfer being 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  fol  such migration/transfer made  by the  students of  non-recognised medical colleges. [107-E]

& ORIGINAL JURISDICTION  : Writ  Petition (c)  NO.351 of  1992 (under Article 32 of the Constitution of India) WITH      H.N. Salve,  V.A Bobde, V.N. Ganpule, D.N. Mishra, A.S. Bhasme,   Mrs K.  Hingorani, Vikas  Singh, L.R. Singh, Dhurv Mehta and S.K. Mehta (NP) for the appearing parties.      The Judgment of the court was  delivered by      VERMA, J.  The common question involved for decision in these matters  is the right of student admitted in a medical college not  recognised by  the Medical  council of India to claim migration/transfer  to a medical college recognised by the Medical  Council of  India after  passing the first MBBS examination from  the medical  college to  which the student has been  admitted. The  students claiming the right to such migration/transfer assert that on discrimination can be made for this purpose between a student admitted initially to the MBBS course  in a  medical college  not  recognised  by  the Medical council  of India  and one  who  has  been  admitted initially to  medical  college  recognised  by  the  Medical Council of  India. In  substance the contention is that both these categories  of students  being to the same class being admitted to  a medical  college where  from they  obtain the MBBS degree recognised by a university. This question arises in   the context  of a  condition for  eligibility  to  such

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migration/transfer prescribed by medical colleges recognised by the   Medical  colleges recognised by the Medical council of India for entertaining the application from a student for migration/transfer to  the recognised  medical college after passing the first MBBS examination only if the applicant had been initially  admitted to  and had  passed the  first MBBS examination from a medical college recognised by the medical counsel of  India. Such  a  conditions  of  eligibility  for migration/transfer   to a  recognised medical college on the basis for  one the  basis  of  one  the  recommendations  on Graduate Medical Education adopted by the Medical council of India which is as under:      "V. migration/transfer  of  student      from one 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 1st  professional  examination,      as a rule.      (c) Migration/transfer  of  student      during the course of their training      for the  clinical subject should be      avoided.      (d)   The    number   of   students      migrating/transferring   from   one      medical college  to another medical      college during  one  year  will  be      dept to  the minimum  so  that  the      training of the regular students of      that  college   is  not   adversely      affected., The  number of  students      migration/transferring to/from  any      one medical    college  should  not      exceed  the  limit  of  5%  of  its      intake in  any one  medical college      in one year.      (e) Cases  not  covered  under  the      above regulation are to be referred      to the council for consideration on      individual merits.      (f)  An   intimation     about  the      admission  of  migrated/transferred      student into  any  medical  college      should  be   sent  to  the  council      forthwith."      The material  facts on  which the  above point is to be decided in  these matters  are only  a few. In Writ petition No. 351  of 1992,  the petitioner Shirish Govind Prabhudesai was admitted  initially to the MBBS course in Bhausaheb Hire Government Medical  college, Dhule  in September 1990. After passing the  MBBS examination,  the  petitioner  applied  in January 1992  for his transfer from Bausaheb Hire Government Medical College,  Dhule to  B.J. medical college, Pune. By a letter ’Annexure  D’ of  January  18,  1992,  the  Director, Medical Education  & Research, Bombay refused to permit such transfer stating  that no  transfer  can  be  granted  to  a student who  had passed  his first  MBBS examination  from a non-recognised  Medical   college,   such   transfer   being permitted  only  from  one  recognised  medical  college  to another recognised  medical  college.  IN  view  of  several

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matters pending  in this  court involving  for decision  the same point,  the petitioner  filed this  writ petition under Article 32 of the constitution for the substantial relief of grant of  permission to  him for  transfer to  B.J.  Medical college, Pune.      Special Leave  petition No.4902  of 1992 is against the order   dated March  18, 1992  passed by  the High  court of Judicature at  Bombay dismissing the writ Petition No.498 of 1992 wherein   a similar prayer made by the petitioner, Miss Gauri Gulati  for transfer  from N.K.P.  salve Institute  of Medical sciences & Research Centre, Nagpur, a non-recognised college to  a  recognised  medical  college  in  Bombay  was refused on  the same  ground. The Bombay High court took the view   that    such   a   condition   of   eligibility   for migration/transfer  prescribed   by  a   recognised  medical college for  admitting students  by migration/transfer after passing the  first MBBS  examination was not unreasonable or arbitrary to  permit any interference by the High court. The petitioner has filed the special leave petition aggrieved by this order.      Civil Appeal  Nos.3 and  4 of 1991 arise out of interim orders made  by the  Bombay High  court in two writ petition Nos. 2101 and 2102 of 1989 filed by respondent Nos. 1 and 2, namely, Rajendra  S. Sankpal  and Riaz  Nomani for a similar relief on  refusal of  permission fr  transfer from  a  non- recognised medical  college to a recognised medical college. BY the  impugned interim  orders, the  writ petitioners were 4912 permitted  to pursue their studies on transfer in Grant Medical College,  Bombay to  which they  had sought transfer after passing  the first  MBBS examination. In these appeals filled by  special leave  by the   Medical Council of India, this court  permitted both  of  them,  namely.  Rajendra  S. Sankpal  and   Raiz  Nomani  to  pursue  their  studies  for the MBBS  course in  Grant  Medical College, Bombay in there meantime.  The  consequence  is  that  both  these  persons, namely, Rajendra  S. Sankpal  and Riaz  Nomani have  already passed the final MBBS examination in the meantime from Grant Medical College, Bombay.      Having heard  learned counsel, we have no hesitation in t akin  g the  view that  the argument  advanced to  support there  claim  for    such  a  right  of  appearing  for  the petitioners in  writ petition  No.351 of  1992  and  special Leave petition  No.4902 of  1992 and  for   respondent No. 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 a  claim on which the   relief of  migration/transfer was  claimed.  The  only argument advanced  for that differentiation between students of   a    non-recognised      medical   college      and   a recognised   medical   college   for   there   purpose   for 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   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 recognised medical college, is discriminatory.      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 de hors the  conditions subject to which the migration/transfer is permitted. It is also not disputed that  in case  a recognised medical college chooses

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not to  take any  student by migration/transfer from another medical college  no student  can claim as of right admission by  migration/transfer  to  that  medical  college,  it  can restrict its  choice only  to students  who were admitted to and had  passed the first MBBS examination form a recognised 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 adopted by the medical Council of  India   which is  being acted upon by recognised medical colleges while taking student by migration/transfer.      The recommendation  on Graduated  Medical Education are by an   expert body of the Medical council of India which is entrusted  with   certain  statutory   relating  to  medical education by  the Indian  Medical  council  Act,  1956.  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 college cannot be termed  unreasonable   or unreasonable  or arbitrary. The qualitative difference  between the  non-recognised  medical colleges recognised  by the  Medical Council   of India, the recognition   being  based  on    certain  object  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 of  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 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 on  only is  quit often  to facilitate the students therefore in certain circumstances without conferring on the any additional  benefit after the initial entry to a medical colleges 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   colleges  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 Council of India there  is   no   foundation   for   the   claim   for   such migration/transfer made  by the  students of  non-recognised medical colleges.      Consequently, writ  petition No.351 of 1992 and Special Leave petition  No.4902 of  1992 are  dismissed. However, In the peculiar  facts and  circumstance of  the  two  students involved in  civil Appeal  Nos. 3 and 4 of 1991, a different order of  the kind  we have  made in  similar situations  is called for.  These two students, namely, Rajendra S. Sankpal and Riaz  Nomani have both passed the final MBBS examination from the  Grant Medical  College, Bombay  to which they were transferred as  a result  of the  interim orders made by the High court in their writ petition Nos. 2101 and 2102 of 1989 and then  by this  Court. In  view of  the fact that both of them have  already obtained the MBBS degree from the college to which they were transferred, setting aside their transfer would not  benefit  any other student while it would deprive them of  the benefit they have already gained as a result of

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the interim orders made by the High court and this Court, In this situation,  we consider it appropriate not to interfere with the  impugned interim orders made by the High court and direct the  High  court  to  dispose  of  the  pending  writ petitions making the final order in terms of the in terms of the interim  order for  these reasons.  which shall  not  be treated as  a precedent.  Civil Appeal  Nos. 3 and 4 of 1991 are disposed of required as a High court to disposed of writ petition Nos.2101  and 2102  of 1989  pending  in  the  High court, accordingly. No costs in all these matters. G.N. Matters disposed of.