Migration of a student pursuing an undergraduate medical course is permissible only if both the medical colleges are recognized by the Central Government under the law, the Supreme Court has ruled. A bench comprising justices L Nageswara Rao and Indira Banerjee set aside the verdict of the Rajasthan High Court which had directed the Medical Council of India (MCI) to permit migration of a student of MBBS course from an unrecognized medical college to a recognized one.
The interpretation of the Regulation 6(2) (of the Migration Rules) by the High Court is patently erroneous. The Regulation clearly lays down a restriction of migration from an unrecognized college to a recognized college. Regulation 6(2) provides that migration is permissible only if both the Colleges are recognized u/s 11(2) of the Indian Medical Council Act, 1956, the bench held.
The bench was hearing the MCI’s challenge to the Rajasthan High Court judgment of September 2020 allowing the migration of student Anchal Parihar and holding that the term ‘Migration’ used in the Rules is not limited to the Medical Council of India Act but it is much wider in scope.
The term ‘Migration’ cannot be read out of context without reference to the Regulation which clearly provides that both colleges should be recognized u/s 11(2) of the Act. Admittedly, the college in which the first respondent is studying is yet to be recognized u/s 11(2) of the Act. Migration cannot be permitted contrary to the Regulations, the top court held.
Parihar was studying in Ananta Institute of Medical Sciences and Research Centre, Rajsamand and she had requested the Board of Governors to permit her migration to Dr S N Medical College, Jodhpur in 2019.
The request was declined by the MCI on the ground that it is not permissible under the Migration Rules. MCI, in its appeal, said the high court had committed an error in interpreting the regulation as the migration of a student pursuing an undergraduate medical course is permissible only if both the colleges are recognized by the Central Government under section 11(2) of the Indian Medical Council Act.
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