The Apex Court in, MEDICAL COUNCIL OF INDIA v. ANCHAL PARIHAR & ORS., overruled the judgment of the Rajasthan High Court while stating that the regulations of the Medical Council of India do not allow migration from an unrecognized university to a recognized one.
Facts
The respondent was a student of Ananta Institute of Medical Sciences & Research Centre, Rajsamand, and sought migration to Dr. S. N. Medical College, Jodhpur. The Board of Governors of the Medical Council of India rejected the request for migration stating that it is not permissible under clause 6(2) of the Migration Rules. The respondents approached Rajasthan HC who allowed the migration. Aggrieved, the MCI approached the Apex Court.
Contentions of Respondent
It was contended by the respondents that earlier a person named Daksh Sharma the benefit of relaxation of the Regulations. Thus MCI has the power to provide relaxation in the regulation. It was submitted that the decision not to grant permission for migration is discriminatory
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Contention of appellant
It was contended that High Court has committed an error in interpreting Regulation 6 of Graduate Medical Education Regulations, 1997. The regulation also stated that Migration during the clinical course of study shall not be allowed on any ground and the respondent has already started with the clinical course. It was further argued that migration is not permitted by the Medical Council of India from a private college to a government college.
Court’s Observation
The Supreme Court stated that The interpretation of Regulation 6(2) by the High Court is patently erroneous. 6(2) Regulation clearly restricts migration from an unrecognized university to a recognised one. The Court said, “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.” The reliance on the Daksh Sharma case, the court said, was misplaced. The Apex Court thus set aside the judgement of Rajasthan HC to reiterate the clearly stated provision under Regulation 6(2).
Case Details
CIVIL APPEAL NO.309 OF 2021 (Arising out of SLP(C)No.11598 of 2020)
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Coram- J L.NAGESWARA RAO and ..J INDIRA BANERJEE
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