O.P.Garg, J. - (1.) It is a case in which the petitioner--Deepak Srivastava, who has been able to secure order of migration/transfer from the apex body, i.e., Medical Council of India (for short 'M.C.I.') from A.N.M. Magadh Medical College, Gaya to Moti Lal Nehru Medical College (for short 'M.L.N.M.C.'), Allahabad has not unfortunately been able to get the fruits of the order on account of various official administrative rigmaroles with regard to existence or otherwise of a vacancy. A young boy who has been in great distress on account of prolonged Illness, Instead of extending compassion has been allowed to toss about from one authority to another. The above lamentation of this Court has come to be made in the light of the following facts.
(2.) Deepak Srivastava. son of Sri Suresh Chandra Srivastava was granted admission in M.B.B.S. course through competitive test of the year 1991 having been placed at Sl. No. 1755 in order of merit, conducted by the Central Board of Secondary Education (called 'C.B.S.E.') under the supervision of Director General of Health Services, Government of India, New Delhi against 15% of the seats in a recognised medical college in India. Admissions to remaining 85% seats are granted by the State Government through an examination conducted by the respective State Governments. By order dated 18.11.1991, passed by the Director General of Health Services. Government of India, New Delhi, the petitioner got admission to the M.B.B.S. course in A.N.M. Magadh Medical College. Gaya. He pursued his studies in the said medical college for the first professional M.B.B.S.--18 months' course with some difficulty as on account of shattered health, he was subjected to mental agony. The petitioner developed adverse physical conditions on account of change of climate ; his health was deteriorated and various problems of sinus, mental stress and depression migraln and psychological problems were faced by him. In spite of all these problems, he could appear and pass first and second terminal examinations only. He could not complete the third terminal and final examinations of first professional M.B.B.S. course at Gaya as he had fallen seriously ill and was treated by renowned doctors at Gaya Medical College at the early stages of his ailment. The petitioner had to defer hts studies in the mid session and shifted for treatment at Allahabad where he was treated at M.L.N.M.C. by Dr. U. C. Goel, Neurologist, Dr. A. K. Srivastava, Dr. S. C. Gupta and Dr. N. C, Dwivedl. all of high repute, stationed at Allahabad. After a long ailment and treatment, the petitioner could re-start his studies at Gaya and with great difficulties, was successful in third terminal examination and he also appeared in the final examination in August, 1994 after a period of 32 months Instead of 18 months period. He was ultimately declared successful in first professional M.B.B.S. course examination conducted by Medical College. Gaya which is affiliated to Magadh University. [n the year 1994-95, the petitioner again fell seriously ill and was disabled to pursue and complete his studies at Gaya. Therefore, after passing the first professional examination, the petitioner and his father made frantic efforts for migration from Gaya Medical College to any of the seven medical colleges located in Uttar Pradesh. particularly. M.L.N.M.C., Allahabad. After completing all the necessary formalities and submission of the desired Information required to be furnished by the concerned authorities, the Principal. Magadh Medical College. Gaya : Registrar. Magadh University. Bodh Gaya ; Principal. M.L.N.M.C.. Allahabad and Registrar of Allahabad University Issued no objection certificates, copies whereof are respectively Annexures-3 to 6 to the writ petition. The petitioner approached the Secretary. M.C.I, and also represented his case to the Chairman. Human Rights Commission. Government of India. New Delhi to ensure his migration from Gaya Medical College and to protect and safeguard his interest and future career. The queries made by the M.C.I, were satisfied and all other formalities were also completed. The medical certificates of the Department of Psychistry. K. G. Medical College. Lucknow were also furnished, which is a pronouncement of the fact that the petitioner is suffering from 'schizopherunia'. The condition of the petitioner was such that he could not survive and pursue further studies without the care and supervision of his parents who are stationed at Allahabad. Sri Suresh Chandra Srivastava, father of the petitioner has retired from the Audit Office of Accountant General, U. P., Allahabad.
(3.) The M.C.I, is a statutory body constituted under the Indian Medical Council Act. 1956. There are regulations which have been framed with the previous sanction of the Central Government and are known as 'Regulations on Graduate Medical Education, 1997'. Under Regulation 6, clause (ii) of Note- . 2. migration/transfer of a student from one medical college to another medical college is permissible and is one of the grounds mentioned therein under the compassionate criteria is 'illness of the candidate causing disability'. The M.C.I, considered the matter of the petitioner in its meeting held on 18.2.1998 and a decision was taken to allow his migration/transfer from Gaya Medical College to M.L.N.M.C., Allahabad and formal orders in this regard were issued on 21.2.1998, a copy of which is Annexure-11 to the writ petition. In pursuance of the said order of the M.C.I., the petitioner submitted his formal Joining report to the Principal, M.L.N.M.C.. Allahabad on 24.3.98, vide Annexure-12 to the writ petition. The petitioner was not allowed to Join and on 2.4.1998, the Principal of the M.L.N.M.C.. Allahabad made a reference to the Director General Medical Education and Training, Lucknow (for short D.G.M.E.T.') to seek his instructions and guidance in the matter, a copy of which is Annexure-14 to the writ petition. When the petitioner was not successful in getting the migration order issued by M.C.I. implemented, his father approached the Chief Minister of the State and directions were issued twice to the D.G.M.E.T.. Lucknow on 17.4.98 and 18.5.98 from the Chief Minister's Secretariat that the matter should be taken seriously and appropriate orders be passed in the matter of the petitioner. On 7.6.1998. the Principal, M.L.N.M.C.. Allahabad, wrote to the Secretary. M.C.I. intimating that the strength of the college is 100 students while every year 102 students are admitted and since one of the nominees is not reporting and only 101 students of 1996 batch are pursuing their studies, there is no objection to the migration of the petitioner against the seat which has not been filled on account of non-reporting of the nominee. No reply, it appears, was received from the M.C.I, and on 16.6.1998, father of the petitioner again approached the Secretary, M.C.I. He was informed by the Asstt. Secretary of the M.C.I, on 30.6.98 that he is advised to approach the authorities concerned in the matter. It is in these circumstances the petitioner has to take shelter of this Court.;