SC: Migration of MBBS Students from Unrecognized Colleges to Recognized Colleges Impermissible
Education News | EduLegaL
09.02.2021| www.edulegal.org | email@example.com
The Supreme Court, in an order, held that the migration of undergraduate medical student from an unrecognized medical college to a recognized medical college is not permitted as per the Medical Council of India (MCI) Regulations on Graduate Medical Education, 1997.
A writ petition was filed in the Rajasthan High Court challenging the proceeding of the Board of Governors dated 25th October 2019, whereby the migration request was rejected on the grounds that it was not permitted under its Regulations.
On 9th January 2020, the Rajasthan High Court allowed the petition and directed the MCI to permit the said migration. The learned Single Judge held the rejection of the request as discriminatory as the benefit of relaxation of the Regulations had been given to one Daksh Sharma and other candidates on a previous occasion.
Later, the MCI filed an appeal with the Division Bench of the High Court which was dismissed. The Division Bench held that the term “migration” in Regulation 6(2) is not limited to Schedule- I of the MCI Act, 1956 and that its scope is much wider. It was also held that to consider migration applications, all institutions allowed to impart medical education should be deemed to be recognized colleges.
The MCI consequently approached the Supreme Court. It was pointed out by the appellant that Regulation 6(3) mandates that a candidates can apply for migration, only after qualifying the first professional MBBS examination and that migration during the clinical course of study was not allowed. Whereas, the respondent is in the 2nd MBBS (3rd year) and the clinical courses had already begun.
The Council submitted that migration from Private to Government College is not permitted. Moreover, the respondent’s marks in the NEET (UG) 2018 examination were lower than the cut-off for admission in the college to which migration was sought.
Finally, the Supreme Court held that the term “Migration” had to be read with reference to the Regulation and that migration cannot be allowed contrary to the Regulations. The Court observed as under:
The interpretation of the Regulation 6(2) by the High Court is patently erroneous. The Regulation clearly lays down a restriction of migration from an unrecognised college to a recognised college. Regulation 6(2) provides that migration is permissible only if both the Colleges are recognised u/s 11(2) of the Indian Medical Council Act, 1956
In conclusion, the migration of MBBS student is permissible only if both the medical colleges are recognized by the Central Government under the Indian Medical Council Act, 1956.
Ankitha Subramanya | Research Intern | EduLegaL
Why does such matter even reach Supreme Court? What a waste of precious judicial time? With all due respect, how the two Courts below, the Ld. Single Judge and the Division Bench of a High Court did not consider the aspect of migration between a recognized and an unrecognized institution. Such migrations / transfers will only add to existing deficiencies in medical education sector. The Hon’ble Supreme Court has done a lot to regulate the medical education sector and it is expected that the Courts below should also exercise same judicial restraints in curbing practices, which are not in conformity with the Regulations.
Ravi Bhardwaj | EduLegaL | firstname.lastname@example.org