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Madhya Pradesh High Court · body

2008 DIGILAW 980 (MP)

MEDICAL COUNCIL OF INDIA v. TEENA KHATRI

2008-08-06

R.K.GUPTA, R.S.GARG

body2008
Judgment ( 1. ) Shri Asati submits that in pursuance to the order dated 20.04.05 passed in Writ Petition No.344/2005, the respondent no. 1 /original petitioner approached the authorities that she could be accommodated at Jabalpur and after her admission at Jabalpur, the respondent no. 1/original petitioner has passed the course in April, 2006. ( 2. ) For the respondent no. 1/original petitioner, this would be the end of the matter but according to Smt. Nair, orders of this type are creating number of problems because number of persons who have taken admission in different colleges/universities are obtaining such orders and before anything can be done in the appeal, they secure admission in different colleges/universities and when the matter comes up for final hearing such students would always say that as they have passed the examination, nothing is required to be done. ( 3. ) In exercise of powers conferred by Section 10 of Madhya Pradesh Chikitsa Shiksha Niyantran Adhiniyam, 1973 (19of 1973), the State Government has made the rules relating to entrance to Post Graduate Medical (MD and MS), Course Post Graduate Diploma and Dental (MDS), course in Medical and Dental Colleges in the State of Madhya Pradesh. The said rules are to be called as " Madhya Pradesh Medical and Dental Post Graduate Course Entrance Examination Rules, 2005." Rule 21 of the said rules relates to admission. Sub-rule 4 of rule 21 provides as under: - "The candidate so admitted to a particular subject, course and college will not be entitled for any change on any ground. Migration/Transfer/ Mutual Transfer of students undergoing any postgraduate course Degree/Diploma shall not be permitted by university or any other authority without the prior recommendation of the State Govt, and approval of Medical Council of India." From a perusal of Sub-rule 4 of Rule 21, it would clearly appear that a candidate once admitted to a particular subject, course and college would not be entitled for any change on any ground and he shall not be permitted by University or any other authority without prior recommendation of the State Government and approval of Medical Council of India. If the permission for change is to be accorded then it is to be preceded by the recommendation made by the State Government and approval to be granted by the Medical Council of India. ( 4. If the permission for change is to be accorded then it is to be preceded by the recommendation made by the State Government and approval to be granted by the Medical Council of India. ( 4. ) The Medical Council of India has made Post Graduate Medical Education Regulations, 2000 to provide general conditions regulating Post Graduate Teaching Institutions. Regulation 10 relates to period of training, while regulation 10(3) clearly provides that the period of training for obtaining a Post Graduate Diploma shall be two completed years including the examination period. It also provides that migration/transfer of the students undergoing any Post Graduate course - Degree/Diploma shall not be permitted by any University or any authority. ( 5. ) Once the Medical Council of India has framed the regulations putting an absolute ban on migration/transfer of the student/students undergoing any postgraduate course/degree/diploma then said Regulation 10(3) would cause an eclipse on the right of the student/students seeking transfer/migration under sub- rule 4 of Rule 21 because Rule 21(4) of the Entrance Examination Rules, 2005 can be used and utilized in favour of a student only with prior recommendation of the State Government and approval of Medical Council of India. ( 6. ) If the Medical Council of India by making the rules has statutorily refused the approval in general then in absence of any order of approval the transfer/ migration cannot be permitted by University or any authority. ( 7. ) In the present case it does not appear that except submission of copy of the order passed by the learned single Judge the student ever filed the recommendation before the other University or College, any recommendations made by the State Government or any order of approval passed by the Medical Council of India. The grant of admission to the respondent in any other College/University would certainly be illegal but we, refuse to interfere in that matter because there are some lapses on the part of the appellants also. ( 8. ) On the merits, we are unable to approve the order passed by the learned Single Judge but we, refuse to interfere in the matter because since after passing of the order passed by the learned single Judge the original petitioner/respondent no.l has completed the course. ( 9. ( 8. ) On the merits, we are unable to approve the order passed by the learned Single Judge but we, refuse to interfere in the matter because since after passing of the order passed by the learned single Judge the original petitioner/respondent no.l has completed the course. ( 9. ) We dispose of the appeal with the clarification aforesaid in relation to the legal provisions, legal law and the legal authority of the students, University/College. The appeal is accordingly disposed of. Appeal disposed of.