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2000 DIGILAW 362 (PAT)

Rajat Charan v. Patna University

2000-03-05

SUDHANSU JYOTI MUKHOPADHAYA

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Judgment S.J.Mukhopadhaya, J. 1. The petitioner, Dr. Rajat Charan, a student of M.S. (Orthopaedic), has preferred this application for direction on the Respondents-Patna University to allow him to appear in the examination which was scheduled to start from June, 1999. 2. The Respondents-Patna University has appeared and opposed the writ petition on the ground that the petitioner is not eligible to appear in the examination, he having not completed three years M.S. (Orthopaedic) course under the Patna University. 3. The facts pleaded and not disputed show that the petitioner competed in P.G.M.A.T 1996 Competitive Test, on the basis of his choice, was permitted to be admitted in M.S. (Orthopaedic) course. His first choice was for Patna Medical College, Patna, but on the basis of his position in the merit list, he was provided with second choice of Rajendra Medical College, Ranchi. 4. The petitioner was admitted in M.S. (Orthopaedic) Course in Rajendra Medical College, Ranchi on 14th June, 1996 and pursued studies therein. While so pursuing study at Ranchi, the petitioner having come to know that a seat of M.S. (Orthopaedic) was vacant in Patna Medical College, Patna, represented for his transfer to Patna Medical College, but having not allowed such benefit, moved this Court in C.W.J.C. No. 5171 of 1997. A Bench of this Court on hearing the parties, disposed of the writ petition aforesaid on 30th August, 1997, wherein the Court made the following observations and directions : "It is true that no candidate has got any right to ask for transfer from one Medical College to another Medical College in normal course after admission. However, if the authorities follow such procedure in other cases in given circumstances, concerned person may ask for similar benefit if granted to other persons." "So far as guideline/rule laid down by the Medical Council of India is concerned, the respondents have not placed any relevant rule before this Court. However, if the authorities follow such procedure in other cases in given circumstances, concerned person may ask for similar benefit if granted to other persons." "So far as guideline/rule laid down by the Medical Council of India is concerned, the respondents have not placed any relevant rule before this Court. On the other hand, it appears from the decision of Pravin Kumar Santhalia (supra) that there is same provision laid down by the Medical Council of India for transfer/migration of student from one Medical College to another Medical College which reads as follows : "A student studying in recognised medical college may be allowed to migrate/transfer to any other recognised medical college under another/same University." The aforesaid quotation I have taken from the decision of this Court in the case of Pravin Kumar Santhalia (supra). From the aforesaid discussion, it is clear that there is a provision of transfer from one Medical College to another Medical College and to migrate a student from one Medical College to another Medical College if the authorities are under different Universities. Accordingly, I direct the respondents to consider the case of the petitioner for his transfer/migration to M.S. (Ortho.) course in P.M.C.H., Patna against the seat which fell vacant because of leaving of one Sri Ajit Singh, taking into note option, if any, given by any other authority, alongwith similarly situated candidate. A decision in this respect is to be taken and appropriate order is to be passed by the respondents including the Controller of Examination, within a period of one month from the date of receipt/production of a copy of this order. The writ petition stands disposed of, with the aforementioned observations/directions." 5. After the Courts direction, the Respondents-State allowed the petitioner to take admission in Patna Medical College, Patna, as communicated vide Memo No. 260 dated 26th September, 1998 issued by the Dean, Faculty of Medicines, Patna University, Patna. The petitioner thereafter took admission in Patna Medical College and pursued study. 6. The petitioner had completed two years in Rajendra Medical College, Ranchi. The course being of three years, on admission in Patna Medical College, Patna and after completion of another one year, the petitioner wanted to appear in the ensuing examination as was scheduled to start in June, 1999, the present writ petition was preferred. 7. 6. The petitioner had completed two years in Rajendra Medical College, Ranchi. The course being of three years, on admission in Patna Medical College, Patna and after completion of another one year, the petitioner wanted to appear in the ensuing examination as was scheduled to start in June, 1999, the present writ petition was preferred. 7. The counsel for the University rightly placed reliance on Regulation/Recommendation, as framed/made by the Medical Council of India in respect of Post Graduate Medical Education, as adopted in January, 1992. Therein, there is a bar for migration/transfer of Post Graduate student from one Medical College to another, as stipulated under clause-4 therein, which reads, as follows : "4. Migration/transfer of post graduate students from one medical college to another. Migration/transfer of students undergoing any postgraduate course-de-gree/diploma shall not be permissible, during the period of training prescribed for the course." 8. It was pointed out that clause-6 of such Regulation, as is applicable. to Graduate Medical Education (M.B.B.S. Course-not the Postgraduate Course), only permits migration from one Medical College to another, as exceptional case on compassionate ground, which was placed before the Court and was the basis to pass the order in C.W.J.C. No. 5171 of 1997. 9. According to the counsel for the University, though the petitioner was not entitled for transfer/migration to Patna Medical College under the Regulation, only with a view to respect the Courts order dated 30th August, 1997, passed in the case of this petitioner, he was allowed to be admitted in Patna Medical College, Patna. It was brought to the notice of the Court that the petitioner had a different subject of thesis, as he completed under the Ranchi University, whereas a separate subject for thesis has been allowed under the Patna University. 10. It was rightly pointed out that the petitioner is to complete three years course under the Patna University and only on completion of the period, can be allowed to appear in the M.S. (Orthopaedic) Examination, as earlier study under the Ranchi University cannot be taken into consideration, there being bar of migration/transfer of a Postgraduate student. The admission of petitioner in Patna Medical College, Patna should be treated to be a fresh admission for all purposes. 11. In the aforesaid background, no relief can be granted, as sought for. The admission of petitioner in Patna Medical College, Patna should be treated to be a fresh admission for all purposes. 11. In the aforesaid background, no relief can be granted, as sought for. The petitioner may appear in the M.S. (Orthopaedic) Examination, on completion of three years course under the Patna University. 12. The writ petition is dismissed with the aforesaid observations.