news details |
|
|
| MCI approval not required for migration from one MC to another: HC | | | Early Times Reporter
Jammu | Aug 28
Justice Sunil Hali of J&K High Jammu Wing, in a landmark judgment, observed that the statue relating to migration of student from one Medical College to other Medical College affiliated with the same University does not require approval of Medical Council of India.
This landmark judgment has been delivered today in a petition filed by one Ms Harleen Singh, in which the question was raised that whether the migration of student from one Medical College to other medical college affiliated with the same university requires the MCI approval.
Justice Hali observed that the statue is clear and visible that the mandate of statue is required to be followed only in case where there is an inter-university transfer. If it were to cover cases from one college to other college in the same university, the word 'Transferee University' could not have been mentioned. It covers only migration from one university to other university and not from one college to other college in the same university. Once a student is transferred from one university to another university, he is required to complete tenure of 18 months because the university has different syllabus and academic sessions may also be different. But this does not cover cases where transfer is from one college to another college within the same university. There is another aspect to this case that the present transfer is not at the asking of the petitioner but is pursuant to the direction issued by the High Court. She has been admitted by the Government in pursuant to direction issued by the J&K High Court. This transfer does not amount to fresh admission but is re-allocation of the college. She has to be permitted to complete IInd Profession MBBS Course after taking into account the time spend by her in the previous college and in the transferee college. This is so because both the colleges are pursing the same syllabus and time table and are affiliated to the same university. A joint reading of two statues, according to this Court clearly takes the present case out of its purview. The petitioner was studying in ASCOMS and her admission in GMC Jammu was granted in terms of direction issued by the state.
Justice Sunil Hali in approved for reporting judgment, after hearing Adv KS Johal appearing for the petitioner and Adv DS Thakur appearing for the University, further observed that there is no dispute that both the colleges where the petitioner was initially selected and consequently recommended for transfer are affiliated with the University of Jammu and course being perused is the same in both the colleges. The academic session of the both colleges is same. Examinations are also held by the University on the same date in both the colleges. The conditions imposed by the university in its order dated August 6, 2007, the petitioner is required to comply with the requirement of statues are not attracted in the present case. Court directed that this condition be deleted and petitioner be allowed to sit in the examination of IInd Professional MBBS Course. In case the petitioner has already appeared in the examination, result be declared within a week's time. With these observations, the Court allowed the petition challenging the order of the University. JNF |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
