JUDGEMENT
-
(1.) VINEET Saran, J. Heard learned Counsel for the petitioner as well as Smt. Sunita Agrawal, learned Counsel appearing for the respondent-University and have perused the record.
(2.) THE petitioner was selected and admitted for M. B. B. S. Professional Course in Sikkim Manipal University of Health, Medical and Technological Sciences, Gangtok, Sikkim. After completing the first year examination, he filed an application for transfer/migration to the respondent No. 2-J. N. Medical College, Aligarh Muslim University, Aligarh. THE said application had been filed under the Regulations framed by the Medical Council of India, which provides that after completion of one year, a student can be transferred from one Medical College to another Medical College if both Colleges are duly recognized by the Medical Council of India. For such purposes, no objection certificate of the Medical College to where the candidate is seeking migration is required. By an order dated 5-9-2006 the request of the petitioner for admission on migration basis was rejected by the respondent No. 2, Medical College. On an application filed for reconsidering the aforesaid order, again on 20-9-2006 the University rejected the request. Aggrieved by the aforesaid orders dated 5-9-2006 and 20-9-2006 passed by the respondent- Medical College, this writ petition has been filed.
Having heard learned Counsel for the parties and considering the facts and circumstances of this case, in my view, no interference is called for with the impugned orders. The impugned orders have been passed on the basis of a decision taken by the Academic Council of University and also on the direction of the Vice-Chancellor who had clearly disapproved the admission to be made on migration basis from any Medical or Engineering College. Learned Counsel for the petitioner has not been able to place before me any Statutory Rules or Regulations by which the respondent-Medical College was under obligation to issue a no objection certificate. A candidate who was granted admission in a particular Medical College cannot, as a matter of right, claim to be granted no objection and be granted admission to study the M. B. B. S. Course in another Medical College. The question of permitting such migration is a matter of grace and cannot be treated to be a right of a candidate. In case if the same is treated as of right, candidates can then seek admission in a sub- standard recognized Medical College and thereafter claim transfer/migration to other Medical Colleges of National and International repute, which cannot be permitted as the same will then frustrate the purpose of entrance tests for admission in Medical Colleges on merit.
As such I do not find any good ground for interference with the impugned orders. This writ petition is, accordingly, dismissed. No order as to cost. Petition dismissed. .;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.