Migration of MBBS candidate can't be allowed from unrecognised to recognised college: SC

The Supreme Court has ruled that migration of a medical student from one college to another can be allowed only if both the institutions are recognised by the central government under the Indian Medical Council Act.

"The term ‘migration’ cannot be read out of context without reference to the regulation which clearly provides that both colleges should be recognised u/s 11(2) of the Act. Migration cannot be permitted contrary to the regulations," a bench of Justices L Nageswara Rao and Indira Banerjee said.

The court set aside a Rajasthan HC's order allowing a plea for migration of MBBS student Anchal Parihar from Ananta Institute of Medical Sciences and Research Centre, Rajsamand, to Dr S N Medical College, Jodhpur.

"The interpretation of regulation 6(2) by the High Court is patently erroneous. The regulation clearly lays down a restriction of migration from an unrecognised college to a recognised college.

Regulation 6(2) provides that migration is permissible only if both the Colleges are recognised under Section 11(2) of the Indian Medical Council Act, 1956," the court said.

The Medical Council of India led by advocate Gaurav Sharma contended that migration is not permitted from a private college to the government college. He submitted that the candidate belonging to OBC category was placed at 6,73,898 rank in the merit list as she secured only 110 marks out of total 720 marks in the NEET (UG)-2018 examination. The cut off for admission in respect of OBC category in Dr S N Medical College Jodhpur, a government medical college to which she sought migration is 560 marks out of 720 marks.

Advocate Atul Jha, appearing for the candidate, submitted that the Medical Council of India has the power to relax the regulation. He said migration should be considered on humanitarian ground as the father of the candidate was suffering from cancer. He also referred to a case of another candidate where migration was allowed but the court rejected his contention saying it was not a case of the similarly situated candidate.