Case Note & Summary
The petitioner, Amey Prakash Kasbekar, was admitted to Krishna Medical College, Karad (a Deemed University) in July 2009 for the MBBS course and passed his first MBBS examination on 26 July 2010. On 8 September 2010, he applied for transfer to Lokmanya Tilak Municipal Medical College, Mumbai, citing a medical condition (Rt. Vestibular Neuritis) supported by a certificate from Sterling Hospital, Navi Mumbai. He obtained a no-objection certificate from the relieving institution and approval from Maharashtra University of Health Sciences (MUHS) on 14 September 2010. However, by letter dated 30 December 2010, the Director of Medical Education and Research, Mumbai, rejected his transfer application because his name was not in the transfer list due to a restriction on the number of transfers from the receiving college for the regular batch of June 2010, relying on Guideline No.2 of the information brochure for transfer of medical students for 2010-11. The petitioner filed a writ petition under Article 226 of the Constitution seeking to quash the rejection and direct the respondents to allow the transfer. The court examined the MCI regulations framed under Section 33 of the Indian Medical Council Act, 1956, specifically Clause 6 of the Graduate Medical Education Regulations, 1997, which allows migration only in exceptional cases on extreme compassionate grounds. The court found that the petitioner's medical condition (Vestibular Neuritis) constituted an exceptional circumstance. The court held that the quota restriction in the brochure was not a statutory regulation and could not override the MCI regulations. The court allowed the petition, set aside the communication dated 30 December 2010, and directed the respondents to permit the petitioner's transfer within four weeks.
Headnote
A) Medical Education - Transfer of Students - Compassionate Grounds - Clause 6 of Graduate Medical Education Regulations, 1997 - Indian Medical Council Act, 1956, Section 33 - The petitioner sought transfer from Krishna Medical College to Lokmanya Tilak Municipal Medical College on medical grounds (Vestibular Neuritis). The respondent refused citing Guideline No.2 of the information brochure limiting transfers from the receiving college. The court held that the medical condition constituted an exceptional circumstance and the quota restriction could not override the MCI regulations. The court directed the respondents to allow the transfer. (Paras 1-16) B) Administrative Law - Quota Restrictions - Validity - Guideline No.2 of Information Brochure for Transfer of Medical Students - The court held that the quota restriction in the brochure was not a statutory regulation and could not override the MCI regulations which allow transfer in exceptional circumstances. The refusal based solely on quota was arbitrary and unsustainable. (Paras 10-16)
Issue of Consideration
Whether the refusal to transfer a medical student on compassionate medical grounds due to a quota restriction on the number of transfers from the receiving college is valid, and whether the student's medical condition constitutes an exceptional circumstance under MCI regulations.
Final Decision
The court allowed the petition, set aside the communication dated 30 December 2010, and directed the respondents to permit the petitioner's transfer within four weeks.
Law Points
- Medical student transfer
- compassionate grounds
- exceptional circumstances
- MCI regulations
- quota restrictions
- Article 226
- Indian Medical Council Act 1956 Section 33
- Graduate Medical Education Regulations 1997 Clause 6
