RAJINDER PAL SINGH Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) Institutional preference, local requirement and a host of other factors, which have found way in judicial precedents of the apex Court and the High Courts, have already taken a large share of the cake in medical and technical institutions in the country. Whatever little share is left to be divided on all India basis, so that India remains at least within that sphere one country, is, in our view, sought to be eroded by the attempt made in this behalf, in the instant petition.

(2.) The petitioner herein got a seat in the MBBS Course in the Jawaharlal Nehru Medical College, Belgaum, affiliated to the Karnataka University, Dharward. He found himself uncomfortable there. As averred in paragraph 3 of this petition, he was threatened by certain local groups of anti-social elements and he suspected that they might resort to sudden unprovoked violence causing him physical harm or even loss to his life. On that basis, he sought migration to Dayanand Medical College, Ludhiana. This college is not State run but is otherwise affiliated to the Panjab University. The said University has in its Calendar of the year 1985 given out rules/ instructions which would apply to migration of students from a medical college affiliated to another University to a medical college affiliated to the Panjab University, Other conditions apart, clause 9(iv) says that in any hard case the matter may be referred to the Medical Council of India for consideration and each case will be decided on merits. Clause 9(v) says that 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 regular students of that college is not adversely affected. The number of students migrating/transferring to/from any one medical college should not exceed a limit of 5% of its intake subject to a maximum of 5 students in any medical college in one year.

(3.) The Dayanand Medical College, Ludhiana, appeared willing to take in the petitioner in its college. At its suggestion the petitioner obtained consent from Medical Council of India too as a special case. The University, however, put its foot down in saying that the Dayanand Medical College had already three migrated students on its rolls when its total strength was only fifty. On that count the migration was declined, which has given rise to this petition.