Case Note & Summary
The petitioner, Kum. Vaishnavi I Anchatgeri, a medical student, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the communication dated 19.11.2018 issued by the Medical Council of India (MCI) denying her permission to migrate from the 6th respondent college (Shridevi Institute of Medical Sciences and Research Hospital, Tumkur) to the 7th respondent college (SDM College of Medical Sciences & Hospital, Dharwad). The sole ground for denial was that the receiving college lacked Central Government recognition. The petitioner contended that she met all conditions under the Graduate Medical Education Regulations, 1997, and that Note 2 to Regulation 6 vests discretion in the MCI to grant migration even if one college lacks recognition. The MCI resisted the petition, arguing that both colleges must have recognition as a sine qua non for migration, and filed an affidavit stating that in the preceding four years, no migration permission had been issued where one college lacked recognition. The court examined the scheme of the regulations and found that Note 2 to Regulation 6 explicitly confers discretion on the MCI to permit migration subject to conditions, and does not mandate that both colleges must be recognized. The court held that the MCI cannot fetter its discretion by an unwritten internal guideline or policy that is not published or part of the regulations. The impugned order was quashed, and the MCI was directed to reconsider the petitioner's application on its merits, without reference to the alleged policy, and to pass a reasoned order within four weeks. The court also directed that the petitioner's migration be considered sympathetically, given that she had already completed her first year and the academic session was ongoing.
Headnote
A) Medical Education - Migration of Students - Recognition Requirement - Graduate Medical Education Regulations, 1997, Regulation 6, Note 2 - The MCI denied migration permission to a medical student from a recognized college to another college lacking Central Government recognition, citing an unwritten policy that both colleges must be recognized. The High Court held that Note 2 to Regulation 6 vests discretion in the MCI to grant migration even if one college lacks recognition, and the MCI cannot fetter its discretion by an unpublished internal guideline. The impugned order was quashed, and the MCI was directed to reconsider the application on merits. (Paras 1-6) B) Administrative Law - Fettering of Discretion - Unpublished Guidelines - The MCI's reliance on an alleged policy of not granting migration when one college lacks recognition was held to be an impermissible fetter on its statutory discretion. The court emphasized that discretion must be exercised on a case-by-case basis, and internal guidelines cannot override the plain language of the regulations. (Paras 4-6) C) Constitutional Law - Right to Education - Articles 226 and 227 of the Constitution of India - The petitioner, a medical student, invoked the writ jurisdiction seeking quashing of the MCI's communication dated 19.11.2018. The court allowed the petition, directing the MCI to reconsider the migration application without reference to the alleged policy, and to pass a reasoned order within four weeks. (Paras 1, 6)
Issue of Consideration
Whether the Medical Council of India can deny permission for migration of a medical student from one college to another solely on the ground that the receiving college lacks Central Government recognition, when the sending college is recognized and the student meets all other conditions under the Graduate Medical Education Regulations, 1997.
Final Decision
The writ petition is allowed. The impugned communication dated 19.11.2018 (Annexure-N) is quashed. The MCI is directed to reconsider the petitioner's application for migration on its merits, without reference to the alleged policy that both colleges must be recognized, and to pass a reasoned order within four weeks from the date of receipt of a copy of this order. The MCI is also directed to consider the petitioner's case sympathetically.
Law Points
- Migration of medical students
- Recognition of medical colleges
- MCI regulations
- Graduate Medical Education Regulations 1997
- Note 2 to Regulation 6
- Discretion of MCI
- Natural justice
- Legitimate expectation
