- (1.) Leave granted. 1.1 Respondent No. 1 was admitted to first MBBS Course in Ananta Institute of Medical Sciences and 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 and 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.
(2.) The proceeding dated 25.10.2019 was communicated to the first respondent by the Director of Medical Education on 07.11.2019.
(3.) 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 learned 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 rejection of the request of respondent no. 1 for migration was held to be discriminatory as the Medical Council of India extended the benefit of relaxation of the Regulations in favour of Daksh Sharma. 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.;