O.P.Garg, J. - (1.) Having been successful in the All India Entrance Examination. 1996 for admission to M.B.B.S. Course, the petitioner Km. Angna Singhal was allotted and admitted in Kasturba Medical College, Manlpal. After completing 1st year of the said course, she applied for migration from Manlpal Medical College to King George Medical College, Lucknow. Both the colleges have Issued 'No Objection Certificates'. Manipal Academy of Higher Education, a deemed University, with which Manipal Medical College is affiliated has also issued 'No Objection Certificates' in favour of the petitioner.
(2.) The Medical Council of India (for short 'Council') which is a statutory body, constituted under the Indian Medical Council Act, 1956, has the authority to pass appropriate orders for migration/transfer. 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 (hereinafter referred to as the 'Regulations'). Under Regulation 6 of the Regulations, migration of the medical students takes place. Relevant provision is extracted below for ready reference : "6. Migration : (1) Migration from one medical college to other is not a right of a student. However, migration of student from one medical college to another medical college in India may be considered by the Medical Council of India. Only in exceptional cases on extreme compassionate grounds, provided following criteria are fulfilled. Routine migrations on other grounds shall not be allowed. (2) Both the colleges, i.e., one at which the student is studying at present and one to which migration is sought, are recognised by the Medical Council of India. (3) The applicant candidate should have passed first professional M.B.B.S. examination. (4) The applicant candidate submits his application for migration, complete in all respects, to all authorities concerned within a period of one month of passing (declaration of results) the first professional Bachelor of Medicine and Bachelor of Surgery (M.B.B.S.) examination. (5) The applicant candidate must submit an affidavit stating that he/she will pursue 18 month of prescribed study before appearing at IInd Professional Bachelor of Medicine and Bachelor of Surgery (M.B.B.S.) examination at the transferee medical college, which should be duly certified by the Registrar of the concerned University in which he/she is seeking transfer. The transfer will be applicable only after receipt of the affidavit." Note 2 to the aforesaid Regulation lays down the following compassionate grounds criteria : "Note 2 : Compassionate grounds criteria (i) Death of a supporting guardian (ii) Illness of the candidate causing disability (iii) Disturbed conditions as declared by Government in the Medical College area."
(3.) The petitioner applied for migration after completing all the necessary formalities on compassionate ground (ii) above. The matter with regard to the migration of the petitioner was placed before the Migration Subcommittee of the Council at its meeting held on 13.7.1998. The Committee took the following decision : "The Migration Sub-committee in the light of Regulations of the Council notified with regard to migration from one Ms. Angna Singhal from Kasturba Medical College, Manipal to K. G.'s Medical College. Lucknow. Since the reasons given by the candidate is not covered by any provision as enumerated and specified under Note 2-i.e., 'compassionate grounds criteria' of migration rules of Council Regulations on Graduate V Medical Education, 1997." Yours faithfully. Sd./-Dr. K. K. Arora, Deputy Secretary" The decision of the sub-commit tee was communicated to the petitioner by letter dated 14th July, 1998. a copy of which is contained in Annexure-14 to the writ petition. It is this order, which is subject-matter of challenge before this Court under Article 226 of the Constitution of India.;