Rajasthan High Court - Jaipur
Vedant Purohit S/O Ajay Purohit vs State Of Rajasthan Through Principal ... on 12 March, 2019
Author: Veerendr Singh Siradhana
Bench: Veerendr Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 2598/2019
Vedant Purohit S/o Ajay Purohit, Aged About 21 Years, R/o 79,
Devi Nagar, New Sanganer Road, Sodala, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan Through Principal Secretary, Medical
Education Department, Govt. Secretariat, Jaipur
2. The Sms Medical College And Affiliated Group Of
Hospitals, Through Its Principal, J.l.n Marg, Jaipur.
3. Govt. Medical College, Kota, Through Its Principal.
----Respondents
For Petitioner(s) : Mr. Tanveer Ahamad
For Respondent(s) : Mr. Harshal Tholia on behalf of Dr.
V.B. Sharma, AAG
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 12/03/2019 Petitioner, who is a student of first year MBBS Course of Government Medical College, Kota, after declaration of his result on 5th September, 2018, was furnished with 'NOC' on 25 th September, 2018, by the Principal & Controller, Govt. Medical College, Kota, with a specific statement that there was no objection to transfer of the petitioner from Government Medical College, Kota to SMS, Medical College, Jaipur (Rajasthan). For the matter has not been proceeded with further; the instant writ application has been instituted praying for the following relief(s);
"1. The respondents may be directed to transfer the petitioner from IInd year MBBS course SMS Medical College Jaipur in the interest of justice. (D.B. SAW/585/2019 has been filed in this matter. Please refer the same for further orders) (Downloaded on 30/06/2019 at 05:01:43 AM) (2 of 5) [CW-2598/2019]
2. The action/ omission on the part of the respondents in not issuing NOC thereby not permitting migration may be held to be contrary to the objects of the clause 6 of the Regulations of 1997.
3. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.
4. Cost of writ petition may also be awarded in favour of the petitioner."
2. Learned counsel for the petitioner, reiterating the pleaded facts and grounds of the writ application, asserted that the controversy raised herein, is no more res-judicata in view of the adjudication by a Coordinate Bench of this Court in the case of Nadeem Liyakat Vs. State of Rajasthan & Ors.: SBCWP No.5319/2013, decided on 9th September, 2013.
3. According to learned counsel, there is no delay in institution of the application for transfer in the face of "No Objection Certificate" dated 25th September, 2018, and result of the petitioner declared on 5th September, 2018. Further, 37 students of first year MBBS Course at S.M.S. Medical College, Jaipur failed to qualify the examination, and therefore, vacancies are available. Hence, claim of the petitioner merits acceptance. That apart, this very issue was considered and adjudicated upon in identical factual matrix in the case of Nadeem Liyakat (surpa), which further reinforces the claim of the petitioner.
4. In response to the notice on the writ application, the State- respondents have filed their counter affidavit resisting the claim of the petitioner on two grounds. Firstly, the application instituted for transfer from Govt. Medical College, Kota, to S.M.S.Medical College, Jaipur, suffers with the vice of delay. Secondly, though 37 (D.B. SAW/585/2019 has been filed in this matter. Please refer the same for further orders) (Downloaded on 30/06/2019 at 05:01:43 AM) (3 of 5) [CW-2598/2019] candidates out of total 250, have failed in the first year examination of MBBS in SMS Medical College, Jaipur; but they are to be treated on the strength of second year MBBS.
5. Heard and considered.
6. Indisputably, the result of the first year MBBS, including that of the petitioner, was declared on 5 th September, 2018, and the petitioner was furnished with 'No Objection Certificate' (Annexure-
2) on 25th September, 2018. Hence, the plea as to delay in institution of the application seeking transfer cannot be sustained.
7. Further, in view admitted factual matrix to the effect that 37 candidates out of total 250, of first year MBBS Course, have failed in S.M.S. Medical College, Jaipur; falsifies the plea of non- availability of vacancies in S.M.S. Medical College, Jaipur. While considering the somewhat identical controversy in the case of Nadeem Liyakat (supra), a Coordinate Bench of this Court observed that in such circumstances, transfer of a candidate in no manner shall cause any administrative or infrastructural injury to that college.
8. In the case of Nadeem Liyakat (supra), a Coordinate Bench of this Court, at Principal Seat, Jodhpur, dealing with the issue of migration of the Medical College within the State or otherwise, which is governed by Clause 6 of MCI Regulations, held that the regulations permit such transfer on any genuine reasons and grounds subject to availability of the vacancy at the college to which migration has been prayed for. At this juncture, it will be profitable to take note of the adjudication in the case of Nadeem Liyakat (supra), wherein the Coordinate Bench, held thus:
"Heard learned counsel for the parties.
The migration from one medical college to another medical college situated in the same State or otherwise (D.B. SAW/585/2019 has been filed in this matter. Please refer the same for further orders) (Downloaded on 30/06/2019 at 05:01:43 AM) (4 of 5) [CW-2598/2019] is governed by the Regulations on Graduate Medical Education, 1997. As per clause 6 (1) of the Regulations, migration of students from one medical college to another medical college may be granted on any genuine ground, subject to availability of vacancy at the college where migration is sought and fulfilling the other requirements laid down in the regulations.
So far as the present case is concerned, genuineness to have transfer from one medical college to another medical college is not in dispute. Looking to the ailment of the petitioner, Jawahar Lal Nehru Medical College, Ajmer and Sardar Patel Medical College, Bikaner and the Rajasthan University of Health Sciences also accorded no objection certificates. The only impediment in transfer of the petitioner from one medical college to another medical college is that as per the respondents, no vacancy is presently available.
As already stated in preceding paras, the strength for First Year M.B.B.S. course at Sardar Patel Medical College, Bikaner at the relevant time was of 150 students and the complete strength was satisfied. However, out of 150 students, 6 students failed to qualify the M.B.B.S. First Year Examination and as such, presently 144 students are undertaking M.B.B.S. Second Year studies. Whether these 6 seats are required to be treated vacant or not, as per learned counsel for the respondents, is within the domain of the Medical Council of India. However, he failed to point out any provision for putting such authority with the Medical Council of India.
Be that as it may, it is not in dispute that the petitioner is suffering from a serious ailment and he is having a genuine cause for his transfer from one medical college to another medical college. The transferring as well as the borrowing medical college is having no objection in such transfer and the university concerned too has granted no objection certificate. Admittedly, 6 students failed to qualify M.B.B.S. First Year Examination and as such, presently only 144 students are undertaking Second Year M.B.B.S. studies at Sardar Patel Medical College, Bikaner. The admission to the petitioner at Sardar Patel Medical College, Bikaner in no manner shall cause any administrative or infrastructural injury to that college, as the college has shown its willingness to accept the transferee student by issuing no objection (D.B. SAW/585/2019 has been filed in this matter. Please refer the same for further orders) (Downloaded on 30/06/2019 at 05:01:43 AM) (5 of 5) [CW-2598/2019] certificate. In these circumstances and factual background, the equity demands for transfer of the petitioner from Jawahar Lal Nehru Medical College, Ajmer to Sardar Patel Medical College, Bikaner. As such, this petition for writ deserves acceptance. Accordingly, the same is allowed. The respondents are directed to transfer the petitioner from Second Year M.B.B.S. course at Jawahar Lal Nehru Medical College, Ajmer to Second Year M.B.B.S. course at Sardar Patel Medical College, Bikaner. Necessary order of transfer is required to be issued by the authority competent at the earliest, as far as possible on or before 30.09.2013."
9. It is informed that the adjudication made in the case of Nadeem Liyakat (supra), was not challenged any further and thus, has attained finality.
10. Applying the principle deducible from the opinion in the case of Nadeem Liyakat (supra), to the case at hand; the claim of the petitioner merits acceptance.
11. No other point was raised for consideration of this Court by either of the counsel for the parties.
12. Accordingly, writ application is hereby allowed.
13. The respondents are directed to transfer the petitioner from second year MBBS Course at Govt. Medical College, Kota, to second year MBBS Course at S.M.S. Medical College, Jaipur.
14. The respondents would do the needful as expeditiously as possible; preferably, on or before 31st March, 2019.
No costs.
(VEERENDR SINGH SIRADHANA),J Pcg/130 (D.B. SAW/585/2019 has been filed in this matter. Please refer the same for further orders) (Downloaded on 30/06/2019 at 05:01:43 AM) Powered by TCPDF (www.tcpdf.org)