Migration From Unrecognised Medical College To Recognised One Restricted By MCI Regulations: Supreme Court

The Supreme Court on Tuesday held that migration cannot be permitted from an unrecognised medical college to a recognised medical college in view of Regulation 6 of the Medical Council of India Regulations on Graduate Medical Education, 1997. The bench of Justices L. Nageswara Rao and Indira Banerjee were hearing the MCI's challenge to a September, 2020 Rajasthan High Court judgment allowing the said migration and holding that the term 'Migration' referred to in sub-clause (2) of Regulation 6 of the Migration Rules is not limited to Schedule-I of the Medical Council of India Act, 1956 (which enumerates the recognised medical qualifications) but it is much wider in scope. The High Court was of the further view that all institutions which are allowed to impart medical education should be deemed to be recognised colleges for the purpose of considering the applications for migration. In setting aside the impugned judgment, the top court appreciated that the interpretation of the Regulation 6(2) by the High Court is patently erroneous, that 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...The term 'Migration' cannot be read out of context without reference to the Regulation which clearly provides that both colleges should be recognised u/s 11(2) of the Act", ruled the bench. Facts Respondent No. 1 (before the Supreme Court) was admitted to first MBBS Course in Ananta Institute of Medical Sciences & Research Centre, Rajsamand. She requested the Board of Governors in supersession of Medical Council of India to permit migration to Dr. S. N. Medical College, Jodhpur by a letter dated 26.08.2019. She relied upon the certificates issued by Ananta Institute of Medical Sciences & Research Centre, Rajsamand and the Principal of Dr. S. N. Medical College Jodhpur whereby they gave no objection for the migration. However, the Board of Governors in supersession of Medical Council of India rejected the request for migration by a proceeding dated 25.10.2019 on the ground that it is not permissible under clause 6(2) of the Migration Rules. The proceeding dated 25.10.2019 was communicated to the first respondent by the Director of Medical Education on 07.11.2019. Respondent no.1 filed a Writ Petition in the High court of Judicature for Rajasthan at Jodhpur challenging the validity of the proceeding dated 25.10.2019 and seeking a direction to the respondent to permit a transfer from Ananta Institute to Dr. SN Medical College, Jodhpur. By a Judgment dated 09.01.2020, the Single Judge of the High Court allowed the Writ Petition and directed the Medical Council of India to relax the Regulations and permit migration of respondent no. 1. The appeal filed by the Medical Council of India was dismissed by a Division Bench of the High Court by holding that the term 'Migration' referred to in sub-clause (2) of Regulation 6 of the Migration Rules is not limited to Schedule-I of the Medical Council of India Act, 1956 but it is much wider in scope. The Division Bench was of the further view that all institutions which are allowed to impart medical education should be deemed to be recognised colleges for the purpose of considering the applications for migration. On behalf of the appellant-Medical Council of India, it was contended by Advocate Gaurav Sharma that the High Court has committed an error in interpreting Regulation 6 of Graduate Medical Education Regulations, 1997. Migration of a student pursuing an undergraduate medical course is permissible only if both the colleges are recognised by the Central Government under section 11(2) of the Indian Medical Council Act, 1956 in accordance with Regulation 6(2). The further condition stipulated in Regulation 6(3) is that an application for migration may be made by a candidate only after qualifying the first professional MBBS examination. Migration during clinical course of study shall not be allowed on any ground. It was argued on behalf of the appellant that migration is not permitted by the Medical Council of India from a private college to the government college. He submitted that the first respondent belonging to OBC category was placed at 6,73,898 rank in the merit list as she secured only 110 marks out of total 720 marks in the NEET (UG)-2018 examination. Whereas, the cut off for admission in respect of OBC category in Dr. S. N. Medical College Jodhpur which is a Government Medical College to which the Respondent no. 1 sought migration is 560 marks out of 720 marks. It was further submitted on behalf of the appellant that the first respondent is in the 2nd MBBS (3rd year) and the clinical courses have already commenced. Mr. Atul Jha, counsel for the first respondent, referred to the...

Migration From Unrecognised Medical College To Recognised One Restricted By MCI Regulations: Supreme Court

Mehal Jain

Tags