Case Note & Summary
The case involved the right of students admitted to non-recognised medical colleges to claim migration to recognised medical colleges after passing the first MBBS examination. The petitioner, Shirish Govind Prabhudesai, sought transfer from Bhausaheb Hire Government Medical College, Dhule, to B.J. Medical College, Pune, after his request was denied by the Director of Medical Education & Research, citing the condition that only students from recognised colleges could transfer. The court examined the eligibility criteria for migration as prescribed by the Medical Council of India, which aimed to maintain educational standards and prevent indirect entry into recognised colleges. The court found that the differentiation between students from recognised and non-recognised colleges was not arbitrary but based on objective standards of medical education. The court dismissed the writ petition and special leave petition, affirming that there is no inherent right for students from non-recognised colleges to claim migration. However, it allowed two other students, Rajendra S. Sankpal and Riaz Nomani, to retain their transfers to Grant Medical College, Bombay, as they had already completed their MBBS degrees there, emphasizing that reversing their transfers would not benefit other students and would unjustly deprive them of their earned qualifications. The court directed the High Court to dispose of pending writ petitions accordingly, without setting a precedent.
Headnote
A) Education Law - Migration of Students - Right to Migration - Constitution of India, 1950, Article 14 - The court held that students from non-recognised medical colleges do not have an inherent right to migrate to recognised medical colleges, as the eligibility criteria set by the Medical Council of India are reasonable and not arbitrary. The differentiation between students of recognised and non-recognised colleges is justified based on the qualitative standards of medical education (Paras 106-107).
Issue of Consideration
Whether students from non-recognised medical colleges have a right to migrate to recognised medical colleges after passing the first MBBS examination.
Final Decision
The Supreme Court dismissed the writ petition and special leave petition, affirming that students from non-recognised medical colleges do not have an inherent right to migrate to recognised medical colleges. The court upheld the eligibility criteria set by the Medical Council of India as reasonable and justified.
Law Points
- Migration of students
- eligibility criteria
- discrimination
- Medical Council of India recommendations
- constitutional validity
