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PETITIONER: MEDICAL COUNCIL OF INDIA

       Vs.

RESPONDENT: SILAS NELSON AND ORS.

DATE OF JUDGMENT14/05/1993

BENCH: MOHAN, S. (J) BENCH: MOHAN, S. (J) VENKATACHALLIAH, M.N.(CJ) THOMMEN, T.K. (J)

CITATION:  1994 AIR  777            1993 SCR  (3) 787  1993 SCC  (3) 184        JT 1993 (3)   455  1993 SCALE  (2)961

ACT: % Indian Medical Council Act, 1956-Ss. 12, 14-Migration Rules- Regulation V(e)-Migration of Medical student of unrecognised college  in  Dar-es-Salam to recognised medical  college  in India-Equivalence  of the courses in the two  colleges-Held, Medical  Council  the  main authority  to  decide  on  these questions-Course   of  study,  and  not  individual   cases, relevant  for  grant of permission for  migration-On  facts, held, migration rightly refused.

HEADNOTE: In  1989, respondent 1 and his sister applied for  migration from  Mumbili  Medical College in the Faculty  of  Medicine, affiliated to the University of Dar-es-Salam to a recognised medical  college  in India.  The Medical  Council  of  India turned  down this application.A writ petition was  filed  in the  Court  at Jabalpur.  The High Court directed  that  the appellant  and  other authorities consider the case  of  the petitioners.   Thereafter  the Executive  Committee  of  the Medical Council reconsidered the case on 20th August,  1991. It found that the grounds for migration were not sufficient; that it was. the course of stud already undergone  vis-a-vis that being taught in the medical college in which  migration was sought, and not the facts of individual case, which  was relevant.   Also  the  candidate had  not  furnished  enough materials  to  make the comparison.  The  Council  therefore rejected the application. A  review petition and contempt petition filed in  the  High Court were dismissed. Thereupon,  in  a miscellaneous petition filed on  the  same grounds  seeking admission in the second year or the 1  year professional  MBBS Course at Medical College,  Jabalpur  the High   Court   directed  that  the  petitioners   be   given provisional  admission.   The petitioners however,  did  not produce  the  required  documents and the  college  did  not provisionally admit them.  In an interlocutory  application, the High Court permitted one of the petitioners to  withdraw herself  from  the  petition and  directed  that  the  other petitioner

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788 (respondent  I  before this Court)  he  granted  provisional admission  on his filing necessary forms and depositing  the fees  without  insisting  ton the Production  of  any  other certificate  or testimonials or syllabus (of Dar-es-Sala  in University On fear of contempt, the Dean had to comply with this order. On  an application before it, this Court stayed the  interim order  and requested the High Court to dispose of  the  main petition expeditiously. The  High  Court allowed the %Tit petition and  quashed  the resolution  dated  20th August,  1991.  refusing  migration, holding  that  there  was  no application  of  mind  by  the Council. On appeal before this Court, it was contended that the  High Court  erred  in  directing admission  of  respondent  in  a recognised  medical  college from  an  unrecognised  medical college  by  way of migration-, that Regulation V  had  been misread and that not having under-gone study in a recognised medical  college  nor having passed the  first  professional examination,  he could not be admitted to the  second  year; that  he  had  failed in anatomy and had  not  sat  for  his supplementary  examination and had therefore ceased to be  a student  of Dar-es-Salam University and that the first  year course  at  Dar-es-Salam University and in  India  were  not equivalent.  Equivalence in any case, it was urged, is to be decided  by an expert body and is not in the domain  of  the Court. For respondent 1, it was argued that the  self-contradictory stand  of  the Council on equivalence had led  to  the  High Court  deciding  the issue; that equity was in  his  favour; that  he  had in any event passed his  pre-medical  test  in 1991; and that he belongs to a scheduled tribe. Allowing the appeal, this Court, HELD:     1.  The  Medical Council has come to  the  correct conclusion that there cannot he migration from  unrecognised institution to a recognised medical college. (799-G) Dar-es-Salam University has not been recognised as  provided in the Indian Medical Council Act, 1956.(7%-A) 2.   The High Court does not have the necessary expertise to determine  equivalent.   The  Medical Council  is  the  main authority in this respect. (799-C) 789 3.   what is material for grant of permission for  migration is the course of study which a student has undergone  vis-a- vis the courses being taught in the medical college in which the migration is sought, and not the individual case.  (799- D) The material placed before the Council was not sufficient to decide equivalence. 4.   The  concerned  authority  is to  verify  the  disputed factual position concerning his performance in the 1991 pre- Medical test and decide on considering him for admission for the academic year 1993-94. (800-E-G)

JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2221 of 1993. From  the Judgment and Order dated.5.5. 1993 of the  Madhya’ Pradesh High Court in M.P. No. 4420 of 1991. Harish N. Salve and L.R. Singh for the Appellant. Anoop  Choudhary,  A.K.  Sanghi, S.V. Deshpande  and  S.  K. Agnihotri for the Respondents. The Judgment of the Court was delivered by

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Mohan,  J,  Leave  granted in SLP filed  by  Indian  Medical Council, Jabalpur. All  these  appeals are dealt with under a  common  judgment since  they arise out of the same judgment passed  in  Misc. Petition  No.4420 of 1991 by the Madhya Pradesh High  Court, Jabalpur Bench. One  Dr.Nelson ,father of respondent1 was serving in  Madhya Pradesh State Public Health in the Department of Surgery  in the  Medical  College  at Jabalpur.  His  wife,  Dr.  (Mrs.) Shobha  Nelson  was  also  working  as  a  Lecturer  in  the Department  of Obstetrics and Gynecology in Medical  College in a purely temporary capacity. Dr.Nelson applied for foreign assignment.He was selected for the  same.  Therefore. a request was made by the  Government of   India  (Department  of  Personnel  and   Administrative Reforms) vide its letter dated 2nd of January. 1975 790 requesting  the  State Government to spare the  services  of Dr  .  S.K.  Nelson for  foreign  assignment  with  Zanzibar Government.  The Under Secretary to the Government of Madhya Pradesh,  Department  of Public Health and  Family  Planning replied on 15.4.1975 that it was not possible for the  State Government  to  spare  his services.   However,  Dr.  Nelson proceeded on two months’ vacation with effect from 1.5.75.He wrote a letter to the Dean of Medical College Jabalpur  that he  was  proceeding,  on long leave  owing,  to  unavoidable family circumstances. Even after the expiry of the period of leave  he did not rejoin the post.  His request for  further extension  of leave was rejected.  Notwithstanding the  same Dr. Nelson and his wife proceeded to Tanzania and the  first respondent, Silas Nelson, also accompanied them. It  also requires to be mentioned in passing that a  request was  made to the Government of madhya Pradesh to  spare  the services  of Dr. Shobha Nelson.  It was pointed out by  tile State Government that she being ;A temporary servant she had no lien and she will have to resign the State service before joining   her  duties  in  Zanzibar.   She   also   absented unauthorisedly  and  proceeded to Tanzania  along  with  her husband.  The first respondent claimed to have passed G.C.E. ’O’  level  as  well  as ’A’  level  examinations  from  the University  of London conducted by the Education Council  of the Government at Dar-es-Salam in Tanzania.  He also claimed that he had obtained credits in ’A’ level in three  subjects i.e.  Biology,  Physics and Chemistry and ’O’ level  in  six subjects i.e. Biology, Chemistry, English language.  English Literature,  Mathematics  and  Physics.  On  this  basis  he claimed  that  he was entitled to admission in  any  Medical College  in India.  According to him these examinations  are considered to be equivalent qualifying examinations and pre- requisite for admission to any Medical College.  It was also stated that Rani Durgawati University of Jabalpur had  given an  equivalence  certificate.   He  obtained  admission   in Muhmbili  Medical College in the Faculty of Medicine.  which is affiliated to the University of Dar-es-Salam, in the year 1989.  lie  had completed one year at the same  college  and University.   Thereafter  he was pursuing his study  in  the second year.  Having regard to the fact that he had  studied the   subjects   in   Anatomy,   Physiology,   Biochemistry, Preventive   and  Social  Medicine  including,   Behavioural Science   and   Biostatistics,   Medical   Psychology    and Developmental Studies and Medical Surgery, he had  undergone a  wider course.  Therefore, according to him, he  possesses the  eligibility criteria for admission to the  MBBS  Degree Course at Jabalpur. A request was made by the father of the first respondent  to

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nominate the first respondent to MBBS Course directly  under Central Government quota.  This request related not only  to the  first  respondent but also his  sister.   However,  the Central  Government  advised  Dr.  Nelson  to  approach  the Medical Council oflndia 791 and   the  concerned University in  jabalpur  seeking  their concurrence  to the migration of his two children  from  the University  of Dar-es-Salam. Tanzania to Medical College  in jabalpur. On   20th  December,  1989,   Dr.  nelson  approached    the appellant, Medical Council of India (hereinafter referred to as  the Council) for grant of no objection to the  transfer. This   request was turned down on 12.1.90 as  migration  was not   permissible under the Rules. The position was  further made clear by the letter of the appellant dated 28.12.90. Aggrieved by this the first respondent and his sister Kumari Divya Nelson filed Writ Petition Misc. Petition No. 2535  of 1990 before the Madhya  pradesh high Court at Jabalpur.  The prayer  was  for   a  writ   of  mandamus  to  direct    the respondents  to grant admission to them to the 2nd  year  of MBBS  Degree  Course at Medical College  jabalpur.  It   was contended  that the Council had not  authority to object  or refuse  the  issue of no objection   certificate  since  its primary  function  is  to  prescribe  minimum  standards  of medical  education. It is the University alone which  should be concerned about the admission. The  High Court by its judgment  dated 12.7.91  allowed  the writ   petition.  It  directed  the  appellant   and   other authorities  to  consider the case of respondent 1  and  his sister   within a period  of two months for their  admission in the Medical College, jabalpur in the light of clause  ’E’ of  the  mandatory  recommendations          approved  under Section 33 of the  Indian Medical Council Act, 1956. It  was also held that though the Council had considered the case of the  candidates  yet it had not looked  into the  individual merits  regarding their eligibility for transfer to  Medical College,jabalpur  which affiliated to Rani Durgawati  Vishwa vidyalaya,  jabalpur.  Besides teh impugned  letter  of  the council  does not show any application of mind as it is  not speaking order. In   complete  with  the  above  directions  the   Executive Committee  of the appellant (Council) reconsidered the  case on  20.8.91. The question was whether the migration  of  the respondent on individual merit to Medical College.  jabalpur under  clause v ’e’ of the Migration Rules was  permissible. It  was concluded that the  migration  could not be  allowed since the ground were not  sufficient for such migration. It was also of the view  that the facts stated for  considering the  individual  case on merits were not  relevant. What  is important  to  be  considered  is the course  of  study  the student  had  already undergone vis-a-vis the  course  being taught  in  the Medical College in Which  the  migration  is sought. The candidate had not also finished enough materials to make comparison with 792 the  course  of  study  conducted  in  medical   College  at jabalpur.  For these reasons the request for  migration  was rejected. The same was reiterated by a letter dated 4.1.92. After this, a review petition was filed to recall the  order dated 12.7.91 of the High Court. However the review petition was dismissed by the High Court. An application for contempt was   also dismissed. There upon Misc, Petition No. 4420  of 1991 came to be filed seeking admission in the  2nd year  or the  1st  professional M.B.B.S. Course at  Medical  College,

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Jabalpur  on the same grounds as were   alleged  previously. direction   was issued  on 23.12.1991 to  give   provisional admission.  After admission of the writ  petition  the  same order was continued. Though an application was preferred  by the  respondents  2 to 4 to have the order  vacated  on  the ground that migration from an unrecognized  Medical  College to  a  recognised Medical College was not  permissible,  the same was dismissed. Some  interesting development took place during this  stage. The  candidates   did not produce the  required    document. Hence provisional admission was not granted to them  by  the respondents    2   to  4.  That   led  to  the   filing   of Interlocutory    Application No. 2805 of 1992   for  further direction.  Respondents 2 to 4  also  filed  an  application for  direction  on 26.3.92 inter alia  pointing   out   that before    grant    of  provisional  admission,   the    writ petitioners   were  required    to submit   proof  of  their having   passed 1st year course at Tanzania. In the  absence of  such  proof the  admission was  impossible.  Further  in which year  of the MBBS course the first  respondent was  to be  admitted, was  not free from difficulty. it was  averred that  even  without   passing  the  first   year  from   the university  of Dar-es-Salam the claim is made for  admission to  the   second year. This is nothing but  fraud  the  High Court   strangely  permitted  the writ   petitioner.  Kumari Divya Nelson  to withdraw herself  from the petition and  it directed   respondent 1 alone could  prosecute his  studies. The   authorities  were   directed  to  grant    provisional admission  his  filing  necessary    forms  and   depositing admission  fees without  insisting on the production of  any other  certificate  or testimonials or syllabus  of  Dar-es- Salam University. For   non-compliance   with  this   direction   a   contempt application was taken  but by the first respondent. On peril of  contempt the Dean (Respondent 4)  had not  other  option but to comply with the order of provisional admission. Against  this order directing provisional admission  without insisting  on the production of any other documents SLP  (C) No. 10498 of 1992 was preferred.Leave was granted  on 7.9.92 by  this  court  staying the operation of  the  order  dated 18.5.92  of  the High Court. This Court  directed  that  the interim  order well subsist 793 till the disposal of the writ petition before the High Court and requested the High Court to dispose of the writ petition of the respondent I expeditiously. By  the  impugned judgment dated 5th March,  1993  the  writ petition was allowed The resolution dated 20th August,  1991 refusing  to  accede to the request of the  writ  petitioner respondent (1) for migration was  quashed holding that there was no application of mind by the Council. lt is under these circumstances these appeals by special leave to appeal  have come to be preferred. Mr. harish N. Salve, learned counsel for the appellant would submit   the  following  grounds  attacking   the   impugned judgment: The High court erred in directing admission to respondent  I in recognised medical college  in India from an unrecognized college by way of migration/ transfer.  WI the more so. when such  impermissibility has been recognised by this Court  in Medical  Council of India, New Delhi v. Rajendra S.  Sankpal and  Ors.  etc. (C. A Nos. 3-4 of 1991 dated  21.10.92)  and order  dated  6.12.1990  of this  Court  passed  in  Medical Council  of  India  v.  Ms.  Sunita  Anant  Chavan  &   Ors. (I.A..Nos. 2-7 in Transfer Petition (Civil) Nos. 230-235  of

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1989). The  High Court misread Regulation V. Under that  Regulation migration  is allowed from a recognised medical  college  to another  recognised college and that too within three  moths after passing of the first professional examination.  In  so far as the first respondent has neither undergone study in a medical college recognised by the Council nor has he  passed the first professional examination, he could not he admitted to the second year. The first respondent failed in the subject of Anatomy  which is  one  of the papers taught in the first year  at  Dar-es- Salam  University.  Under the Examination Regulation of  the said University he was required to sit in the  supplementary examination  in the failed subject before the  beginning  of the  next academic year. Thus he was required to  clear  the said  paper  within  six  weeks.  Should  he  fails  in  the supplementary  examination he ceases to be a student of  the College/University.   In so far as the first respondent  did not  take  the supplementary examination he ceased to  be  a student of Dar-es-Salam University.  Therefore, the question of migration could not arise at all. The  first  yen  course of  Dar-es-SalamlJniversitv  is  not equivalent to the first phase of MBBS Examination in India. 794 Equivalence  has to be decided by only an expert body,  that too,  on technical and academic matters.  It is not  in  the domain  of assessment or evaluation by the Court.  The  High Court  should  not  have embarked on  the  determination  of equivalence on the basis of sketchy materials placed  before it. The  High  Court erred in relying on.   Minakshi  Malik,  v. University of Delhi, AIR 1989 SC 1568.  There, the candidate was  not,  in any matter, ineligible while here,  the  first respondent is ineligible.  The High Court erred  overlooking that  an administrative authority like the appellant is  not required  to  pass reasoned orders.  The decree  awarded  by Dar-es-Salam  University  is  not  recognised  and  :Is  not included  under any of the Schedules of the Medical  Council of  India Act, 1956.  Therefore, there was no  occasion  for the  appellant to decide the equivalence.  Should the  first respondent  be  anxious  he  should  have  placed  all   the materials. In opposition to this, learned counsel for the  respondents, argues  that  the  Council has  taken  a  self-contradictory stand.   In  one breath, it will contend that there  are  no materials to decide the equivalence and in the other  breath it would say it is not equivalence. Under  these  circumstances, in view of  the  cryptic  order passed,  the  High  Court itself decided  finding  that  the Council  had  not  applied its mind.   The  High  Court  was satisfied  on the basis of documents there  is  equivalence. The  High Court is well entitled to do so.  More so,  having regard to the ruling of Minakshi Malik’s case (supra) Equity also  must weigh in favour of the first respondent.  In  any event, the first respondent had passed his pre-Medical  test successfully  in  the  year  199 1.  He  also  belong  s  to scheduled  tribe.   Therefore,  on the basis  of  these  two documents his candidature could be considered for  admission to  first year MBBS Course for the ensuing academic year  of 1993-94  as  otherwise, the career of a young man  would  be completely ruined. The  factual  position  with regard to study  of  the  first respondent   in  Dar-es-Salam  University  requires  to   be carefully  analysed.  The claim of the first  respondent  is that  he has passed G.C.E. ’O’ level as well  as  ’A’  level

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examinations from the University of London conducted by  the Education  Council  of  the Government  at  Dar-es-Salam  in Tanzania.   He claims to have obtained credits in ’A’  level in the following three subjects (i) Biology, (ii) Physics; and 795 (iii) Chemistry In  ‘O’  level he claim.,; to have obtained credits  in  the following six subjects (i)  Biology, (ii) Chemistry, (iii) English Language, (iv) English Literature, (v)  Mathematics; and (vi) Physics On this basis, he claims admission to any Medical College in India  as these are considered to be  equivalent  qualifying examinations  and prerequisite for admission to any  Medical College.  It is claimed on behalf  first respondent at  Rani Durgawati  University of Jabalpur has given  an  equivalence certificate.  That is extracted below               "With reference to your above cited letter, it               is to inform you that students have passed  in               five subjects at least at the G.C.E. (Ordinary               Level)  and  two  subjects  at  the  (Advanced               Level) from University of London, are  treated               as  having successfully completed the 12  year               Pre-University/Higher Secondary in India.               Hence, if your son Shri Silas Supragya  Nelson               has  passed  above  examination  then  he  may               appear  in  Pre Medical  test  examination  as               desired by you." According  to first respondent, he was admitted in  Muhmbili Medical  College  in  the  Faculty  of  Medicine  which   is affiliated  to  the University of Dar-es-Salam in  the  year 1989  and  has completed one year at the  same  College  and University.   In the First year he had studied  subjects  in Anatomy,  Physiology  Biochemistry,  Preventive  and  Social Medicine   which  includes  Behavioural  Science  and   Bio- statistics,  Medical.  Psychology and Development Studies  & Medical  Surgery whereas at Rani Durgawati  University,  the subjects  taught in the first year are Anatomy,  Physiology, and Biochemistry.  Thus the courses followed at Dar-es-Salam University are much wider.  It was further claimed that  his course  in the said Medical College is equivalent  to  first year  course  of  MBBS  Degree  awarded  by  Rani  Durgawati University,  Jabalpur  and,  therefore,  he  possesses   the eligibility criteria for admission to the MBBS Degree Course at Jabalpur. 796 On  the  said  basis  migration  is  sought.    Dar-es-Salam University  is  not  recognised by the  Medical  Council  of India.    Therefore,  front  all  unrecognised   institution admission is sought to a recognised institution. With the object of maintaining and regulating, standards  of medical  education  in the country, the  Parliament  enacted "the Indian Medical Council Act, 1956".  Under Section 6  of the   Act.   the  Medical  Council  of’   India   has   been incorporated,  which is a body corporate having a  perpetual succession and a common seal  Section  12 of the  Act  makes provisions for recognition of medical qualifications granted by medical institutions in countries with which there is   a scheme  of reciprocity.  Under this section,  the  schedules are given providing list of recognised medical  institutions

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&   qualifications.   The  first  schedule  gives  list   of recognised     medical     qualifications     granted     by universities/medical institutions in India; whereas schedule second  gives the list of recognised medical  qualifications granted  by medical institutions outside India.   University of Dar-es-Salam & its medical institution is not included in the   second  schedule  and  therefore  the   qualifications imparted  by  that  institution are  not  recognised.   That apart,   section  14  of  the  Act  makes   provisions   for recognition of medical qualifications (granted by  countries in  which there is not scheme of reciprocity.   The  Central Government  has not considered Dar-es-Salam  University  for such recognition. It was in this context the following order came to be passed by the appellant "The Director, Medical Education,               Madhya Pradesh,               Bhopal Subject:-  Migration of Silas Nelson and Divya  Nelson  from Dar-es-Salam  Medical College, Tanzania to Medical  Collage, Jabalpur. Sir, With   reference  to  your  letter  No.  6151/DME/IV   dated 12.5.1990 I am to state that the matter regarding, Migration of  Silas Nelson and Divya Nelson from Dar-es-Salam  Medical College,  Tanzania  to  Medical  College,Jabalpur  was  duly placed before the Executive Committee of this Council at its meeting        held on 20th August, 1991 for  consideration.               The Committed decided as under: 797 The Executive Committee considered the matter with regard to the migration of the above candidates on individual merit to Medical College Jabalpur under Clause V(e) of the  migration rules  and did not allow these migration since  the  grounds are not sufficient for migration and the facts stated in the individual  cases  are  not  very  relevant  for  grant   of permission for migration.  For considering any such cause of migration,  it is important to consider the cause  of  study the student has already undergone vis-a-vis the course being taught  in  the Medical Colleges in which the  migration  is sought.  Further it is observed that the candidates  seeking their  migration  have also brought no records to  show  the course of study being conducted at their medical college for making comparison with the study being conducted in  Medical College, Jabalpur.  Hence the applications for migration  of the above candidates are rejected.                         Your faithfully,                         (Mrs.  M. Sachdeva)                         Off.  Secretary." Concerning migration the rule also is to the effect that the same can be allowed by the University concerned within three months   after  the  passing  of  the   first   professional examination. Then,  the question of equivalence arises.  The  equivalence came to be decided in the following manner: "Reference-Letter   dated  28.12.1991  of   Dy.    Registrar (General) R.D. University, Jabalpur. Regarding  letter of ku.Divya Nelson and 2/ Silas Nelson  to the University. I have gone through prospectus of University of Dar-es-Salam (1990-90) For   M.D.  degree  which  is  equivalent  to  M.B.B.S.   of Universities  abroad (as per letter No. H/Q/G.N/17862  dated 2nd  May,  1990  of Director of  Training  and  Occupational

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Health Service, attached in the file). For  examination  at the end of first year  in  Dar-es-Salam University the subjects are:--      798      Anatomy/Histology             -      Behavioural Sciences                   Only one      Biochemistry                  -        Year study.      Physiology      Development studies Where in Indian Universities the First MBBS Course which  is of  18  months  the subjects  examined  are  (As  premedical Council of India)      Anatomy      Physiology     -                        one and half,      Biochemistry   -                        Year study As  the  detailed syllabus of the 5 subjects taught  in  one year  at  Dar-es-Salam  University  is  not  given  in   the Prospectus,  it is difficult to know whether the  course  is equal as only three subjects are taught in Indian University for  one and half years indicating that these  subjects  are taught  in more detail here in our University.  However,  in general  the  subjects taught there in first  year  included Anatomy,  Physiology and Biochemistry (along with other  two subjects) which are also the subjects of first M.B.B.S. (one and  half years course) here also.  For mote  clarification, the  Medical Council of India may be consulted because  they are  the  main authority in India in  this  respect.   Dean, Faculty of Medicine of our University was also consulted  in this matter/                             sd/-               Protessor  &  Head.   Dept.  of   Biochemistry               Medical  College & Chairman Board  of  Studies               for Anatomy, Physiology & Biochemistry.               This  may  be put up before the  standing  for               confirmation." We  cannot  understand  when  this  was  the  position  with reference  to equivalence how the High Court had donned  the role of an expert body and would say as follows               "The  petitioner has filed  documents  showing               that Dr. R.K. Gupta, Reader in Pharmacology of               the  Medical  College, Jabalpur  was  sent  on               deputation for teaching in the medical college               affiliated  to Dar-es-Salam  University.   The               petitioner, by filing the documents, wants  to               show    that    persons    having    requisite               qualifications  for  teaching in  the  Medical               College, Jabalpur were posted or appointed  at               the medical college affiliated to Dar-es-Salam               University.    The  documents  filed  by   the               petitioner  show that the subjects  taught  in               the first year M.B.B.S. at Muhibili Medical               799               College,   Dar-es-Salam  University  and   the               subjects   taught  at  the  Medical   College,               Jabalpur  are  the same. to  us  the  material               consideration is the qualifications  necessary               for  admission  to  the  first  year  M.B.B.S.               course.  The documents on record show that the               educational  qualifications for  admission  to               the Medical College, Jabalpur and the  Muhbili               Medical College of Dar-es-Salam University are               the same and there is equivalence of  courses.               As  there is equivalence of  courses  required               for  admission  to  the  first  year  M.B.B.S.               courses  in Muhibili Medical College  and  the

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             Medical  College, Jabalpur, the petitioner  is               entitled  to be transferred to the first  year               M.B.B.S.   course  of  the  Medical   College,               Jabalpur and should be permitted to appear  in               the   examination   conducted  by   the   Rani               Durgawati University, Jabalpur." This is totally unwarranted because the High Court does  not have  the  necessary expertise in this regard.   As  to  the equivalence  we  have already extracted the opinion  of  the Chairman  of  Board of Studies for Anatomy,  Physiology  and Biochemistry.   From  the above extract it is  clearly  seen that the Council is the main authority in this respect. Then again, the High Court had gone wrong in concluding that the   individual  cases  are  relevant  for  the  grant   of permission  for  migration.   In  our  considered  view,  as rightly  concluded by the Council, what is material  is  the course of study which a student has undergone vis-a-vis  the courses  being  taught in the Medical College in  which  the migration  is sought.  What the Council was endeavouring  to point out was the materials placed before it by the  present first   respondent  were  not  sufficient  to   decide   the equivalence.   The  criticism of the Council,  by  the  High Court, is also not warranted.  First of all, no  certificate was  produced by the first respondent that he had  completed the  first  year course in Dar-es-Salam.  Unless  and  until that  is done the question of admission to the  second  year MBBS could not arise.  The first respondent had not appeared in the supplementary examination.  If that is so,  according to the Regulations of Dar-es-Salam University, he is  deemed to  have discontinued from that Course.  In such a case  the question of giving admission to Medical College at  Jabalpur could  never arise.  Therefore, looked at from any point  of view, the Medical Council of India which is the authority to decide the equivalence, has come to the correct  conclusion, in  that,  there  cannot be a  migration  from  unrecognised institution  to a recognised Medical College.  The  judgment of the High Court is wholly unsupportable. Once we have arrived at this conclusion the question  arises whether the case of the first respondent could be considered for  the academic year 1993-94 based on his  performance  in the pre-Medical test for the year 1991.  The statement of 800 marks obtained in pre-Medical Test, 1991 is as under:      "Subjects        Max.         Marks                       Marks        Obtained      Physics           300           127      Chemistry         300           220      Botany            300           160      Zoology           300           214      English           300           217                       1200           721" He  also claims that he belongs to Scheduled Tribe.   We  do not  have  material  to show as to whether  he  was  granted admission  to  any  Medical  College on  the  basis  of  his performance  in  the pre-Medical test for the  year  199  1. However,  in  the petition for special leave to  appeal  the appellant has made the following averments               "In  the said Count er-affidavit, on oath  the                             respondent  no.1  deliberately,  knowingly  an d               willfully  made a false statement that he  had               never appeared in the Pre-Medical Test held in               the  year  1991 and failed.   It  was  further               stated that in fact it was his younger brother               Sushrut   who  had  appeared  in   the   T.M.T

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             Examination  of 1992.  The  petitioner  herein               has made an inquiry and has come to know  that               the  respondent  no.1  appeared  in  the  Pre-               Medical Test, 1991 vide application No.  27811               and was allotted Roll No. 624227 but failed to               qualify and complete in the said test.....               Since  the  writ-petitioner  respondent   no.1               appeared  in the Pre-Medical Test,  1991  vide               application  no. 27811 and was  allotted  Roll               No. 624227 but failed to qualify and complete,               he  was not at all eligible for  admission  to               the undergraduate medical course in India." If this be the correct position, he would not be entitled to be considered for admission for the academic year 1993-94 on the basis of his performance in the Pre-Medical test held in the year 199 1. It is for the concerned authority to  verify the factual situation and decide the matter. 801 We  make  it  clear  that  if  his  case  has  already  been considered for admission on the basis of performance in  the Pre-Medical  test  1991  and rejected there is  no  need  to consider   his  case  once  again  for  the  year   1993-94. Otherwise, it may be considered on the basis of  performance in  the  pre-Medical test for the year 1991 as  against  the quota  intended  for  Scheduled  Tribe,  if  his  status  as belonging  to Scheduled Tribe is established provided  there is no legal impediment in doing so. Subject  to the above directions, civil appeals  will  stand allowed.  However, there shall be no order as to costs. I.A. No. 1 of 1993 in SLP (C) 6161 of 1993 is also  allowed. U.P. Appeal allowed. 802