TIBREWAL, J. - (1.) ALL these petitions may be conveniently disposed of jointly as identical question of facts and law are involved in them. The principal question for decision is: Whether transfer of a' medical student of First Year MBBS course from one Medical College to another in Rajasthan is permissible. If so, under what circumstances?
(2.) ALL the petitioners got admission in First Year MBBS course, after having passed the Pre-Medical Test (for short 'p. M. T. ') of 1992. However, none of them was allotted S. M. S. Medical College, Jaipur, which was their first choice as place of study. The first list of the selected candidates was made out by the admission Board on 9. 01. 1993, and the second list was declared on 25. 02. 1993. All the petitioners joined their respective colleges allotted to them. The total strength for admission to MBBS course in S. M. S. Medical College, Jaipur was 150 seats. Out of this, only 102 seats were available to candidates of general category. As per the return of the respondents, 150 seats of S. M. S. College, Jaipur were allocated category-wise as under: - Government of India Nominee 4 seats Central PMT candidates 23 seats S. C. Candidates 12 seats S. T. Candidates 09 seats General Candidates 102 seats 150 seats In general category, 99 candidates were given admission in S. M. S. Medical College, Jaipur, after their interview vide office order dated 9. 1. 1993. Three seats were filled in absentia by the candidates who secured higher marks in P. M. T. and gave S. M. S. Medical College, Jaipur as their first choice. However, only one of them joined the course and the admission of other two candidates was cancelled on 21. 1. 1993 and 25. 1. 1993 respectively, as they did not join. Out of the above two vacancies, one was allotted to Mr. Tulsa Singhi as per second list issued on 25. 2. 1993 and the second seat was kept vacant for Miss Anju Garg, on the orders of this Court, in the writ petition filed by her. Subsequently, the writ petition was allowed and she was also given admission in S. M. S. Medical College, Jaipur. Thus, as per the return filed by the respondents, no vacancy in general category for admission in MBBS course was available in S. M. S. Medical College, Jaipur. Turning to the question involved in these petitions relating to the transfer of medical students from one Medical College to another, it may be stated that this question is being agitated by the students every year after they fail to get the college of their choice. Therefore, I have given my careful and anxious consideration to the various aspect of the case in the light of the submissions made by the learned counsel, appearing for the parties. It is not in dispute that Select Lists of the candidates for admission in Medical College of Rajasthan were prepared by the Admission Board applying the formula 'merit-cum-preference' on the basis of marks obtained in P. M. T. The petitioners, who failed to get admission in S. M. S. Medical College, Jaipur, on the above formula want their transfer to that College on personal grounds and due to family circumstances.
(3.) AN Expert Body, set up by the Medical Council of India, to make recommendations on 'graduate medical Education' examined the question of migration/transfer of medical students from one Medical College to another and one of the recommendations made by it related to the condition for eligibility to such migration/transfer. The relevant recommendations of the Expert Body, which were adopted by the Medical Council of India, are as under: - "v. Migration/transfer of students from one Medical College may be allowed to migrate/transfer to another recognised 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 first 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 migration/transferred students into any medical college should be sent to the Council forthwith. " The recommendations on Graduate Medical Education were given by an expert body of the Medical Council of India, which is entrusted with certain statutory functions relating to Medical Education by the Indian Medical Council Act, 1956. The Medical Council of India having chosen to accept the above recommendations, the same were adopted by the recognised Medical Colleges and the Universities. The above recommendations would show that the Expert Committee did not approve the movement of medical students from one College to another at the initial stage of their teaching; and inter-college transfer/movement of a student was restricted till his passing of First Year MBBS course and that too, with certain limitations. Such movement/transfers were aimed to meet contingency of genuine hardship of the students in certain circumstances without conferring on them any additional benefit after initial entry to a Medical College. The restrictions on migration/transfer of medical students suggested by the expert body and adopted by Medical Council of India were also inserted in Ordinances 85 and 86 of the Rajasthan University, which deal with inter-college transfers of students. The relevant part of 0. 85 reads as under: - "such a transfer shall be permitted in the case of MBBS course only within a period of three months after the candidate has passed the First MBBS examination (and at no other stage), provided that the number of students transferred to a Medical College shall not exceed the limit of 5% of its intake capacity subject to a maximum of 5 students in one year, and that both the medical colleges concerned are recognised by the Medical Council of India. " O. 86 provides for migration of students from a College outside the University. Its note runs as under: - "note: - 1. In exceptional circumstances for reasons of health, transfer of guardian (or permanent change of residence of whole family to Rajasthan), Inter-University migrations to the MBBS course may also be permitted subject to the following conditions: - (a) The migration shall be from one Medical College to another Medical College provided both the colleges stand recognised by the Medical Council of India. (b) Migration shall be permitted to the Second MBBS course within a period of three moths of passing the First MBBS examination (and at no other stage ). (c) The number of students migrating to a medical college affili-ated to the University during one academic year shall be kept to the minimum and in no case the total number of students so migrating shall exceed the limit of 5% of the total intake capacity of the college to which migration is sought subject to a maximum of 5 students in one year, provided that the aforesaid maximum limit of migrations shall be inclusive of Inter-College transfers as permissible under the foregoing O. 85. " The above Regulations, thus, make it clear that transfer of students from one Medical College to another during First Year MBBS Course, is not permissible at all. Even on mutual consent or hardship, such transfer is not allowed till passing of First Year MBBS course by the student, seeking transfers. Further, such transfers cannot exceed the limit of 5% of intake capacity of the concerned College with a maximum of 5 students in a year. This limit is inclusive of migration from other Universities permissible under Order 86. The Regulation/ordinance permit migration/transfer of a medical student from one college to another to meet hardship arising from the circumstances for reasons of his health, serious ailment of the parents or other family circumstances depending on each case. All such circumstances can neither be visualized nor they can be restricted by enumerating them. Each case, on its merits, shall be examined objectively by the concerned Authority whenever migration/transfer is sought. For such consideration the initial, merit and the preference given by the students at the time of admission shall not be relevant. ;