ISHILA MISRA Vs. STATE OF U P AND ORS
LAWS(ALL)-1992-7-96
HIGH COURT OF ALLAHABAD
Decided on July 10,1992

Ishila Misra Appellant
VERSUS
State Of U P And Ors Respondents

JUDGEMENT

- (1.) The Petitioner has prayed for necessary direction to the Respondents for admission in the Second professional M.B.B.S. Course at M.L.N. Medical College, Allahabad. Initially the Respondents were directed to file counter-affidavit but as no counter affidavit was filed directions were issued to the Principal. M.L.N. Medical College, Allahabad to provisionally admit the Petitioner to the Second Professional M.B.B.S. Course provided she had passed the First Professional M.B.B.S. course from a Medical College recognised by the Indian Medical Council and there was availability of Seats in the vacancy rescued for 5% quota. By order dated 20-5-1992, Respondents were again directed to file reply. The Respondents neither filed any counter affidavit nor gave admission to the Petitioner in accordance with the order dated 7-4-1992 upto this date.
(2.) The Medical Council, in accordance with the provisions of Section 33 of the indian Medical Council Act, 1956, with the previous sanction of the Central Government made Regulations in 1981 for controiling Medical Educationn and the standards of qualifications of the students The said Regulation as recommendations of the Medical Council of India laid down criteria for Admission to Medical Courses, Selection of Students, Duration of Course Medical curriculum, Examination and internship etc. as also for migration/transfer from one Medical College to another. It is quoted below: V Migration/Transfer of students from one Medical College to another (a) A student studying in a recognised medical college may be allowed to migrate/transfer to another recognised medical college under another/same University. (b) The migration/transfer can be allowed by the University concerned within three months after passing the Ist professional examination, as a rule. (c) Migration/transfer of students during the course of their training for the clinical subjects should be avoided. (d) The number of students migrating/transferring from one medical college to another medical college during one year will be kept to the minimum so that the training of the regular students of that college is not adversely affected, The number of students migrating/transferring to from any one medical college should not exceed the limit of 5 per cent of its intake in any one medical college in one year. (e) Cases not covered under the above regulations are to be referred to the COUNCIL for consideration on individual merits. (f) An intimation about the admission of migrated/transferred students into any medical college should be sent to the council forthwith.
(3.) All the medical colleges all over the country recognised by the Medics] Council of India have been complying with the recommendations/regulations of the Medical Council;


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