The Bombay High Court has refused relief to a medical student who filed a petition seeking writ of mandamus to the State of Maharashtra allowing the petitioner to be transferred to a medical college of his choice in Mumbai and not the one he had already been allotted in Mumbai.
A division bench of Justices SC Dharmadhikari and Bharati Dangre was hearing the writ petition and held that students cannot be seeking transfer as a matter of right. The court said:
“The whole process (of college transfer) is dependent upon several factors including taking care of and avoiding a situation, where those not desirous of attending Government Medical Colleges situated beyond major cities and towns, end up making applications for migration or transfer on flimsy grounds.”
After the MBBS results were declared, the petitioner student was granted admission in a medical college at Mirage, Maharashtra.
The petitioner applied for transfer to another recognized medical college of health sciences affiliated to Maharashtra University on health grounds. The petitioner is said to be suffering from ‘major depression disorder and psoriasis’.
This request of the petitioner in terms of the policy was granted and the petitioner, on transfer, was allotted Hinduriday Samrat Balasaheb Thackeray Medical College in Mumbai, which is a medical college under the control of the Municipal Corporation of Greater Mumbai.
The petitioner stated in his petition that he could have been, on the basis of his standing in the merit, allotted Seth GS Medical College, Grant Medical College or the TN Medical College.
Submissions and Judgment
Petitioner’s counsel Rui Rodrigues submitted that his client had opted for these colleges i.e., first choice was Seth GS Medical College, second was TN Medical College, third was Grant Medical College and fourth was Lokmanya Tilak Municipal Medical College. The HHBT Medical College was the last of the choices indicated by the petitioner.
It was also submitted by Rodrigues that there were two vacant seats at the respondent No. 5 medical colleges—TN Medical College and BYL Nair Charitable Hospital. One seat at Lokmanya Tilak Municipal Medical College came to be made available only pursuant to the judicial orders. This resulted in a windfall to those waitlisted candidates whose list was maintained by the state.
Thus, it was argued that though they were less meritorious, waitlisted candidates got admission in these colleges which the petitioner preferred over others. Rodrigues argued that in these circumstances, even in such matters, particularly of transfer, the original position in the select/merit list should have been maintained.
The court said-
“We are unable to accept any of these contentions of Shri Rodrigues and for more than one reason. First of all, transfer is not a matter of right. A transfer is a concession in such cases as are presently brought before us. That is the departure or relaxation from the rigorous rules which require a student to undergo his MBBS course at the allotted college.
The Regulations of Medical Council of India on migration/transfer of students state very clearly that the migration is an exception and the candidate has to first obtain 'No Objection Certificate' from the college where he is studying for the present, the University to which it is affiliated to, the College to which migration is sought and the University to which that college is affiliated to.”
The court further noted-
“We are unable to agree with Mr.Rodrigues that this petitioner should be now shifted on migration to the T.N.Medical College, Mumbai. This is nothing but foisting the petitioner's choice or option on the authorities. That too in matters of migration/transfer on medical grounds.”
Thus, the petition was dismissed.