Himachal Pradesh High Court
Sh. Paras Dutta vs State Of H.P. & Ors on 31 May, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 738 of 2023
.
Decided on: 31.05.2023
Sh. Paras Dutta ...Petitioner
Versus
State of H.P. & Ors. ...Respondents
Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting? 1
For the Petitioner : Mr. Rajesh K. Parmar, Advocate.
For the Respondents: Mr. Anup Rattan, A.G. with Mr. Y. W.
Chauhan, Sr. Addl. A.G., Mr. Ramakant
Sharma, Ms. Sharmila Patiyal, Addl. A.Gs.,
Ms. Priyanka Chauhan, Dy. A.G. and Mr.
Rajat Chauhan, Law Officer, for respondents-
State.
Mr. Dinesh K. Thakur, Advocate, for
respondent No. 3.
Mr. Nitin Thakur and Mr. Ganesh Barowalia,
Advocates, for respondent No. 5.
Tarlok Singh Chauhan, Judge (Oral)
The instant petition has been filed for grant of the following substantive reliefs:-
"i) By way of issuance of writ of Certiorari or any other appropriate writ or direction the impugned order dated 10.02.2023 passed by respondent No. 2 wherein the representation of the petitioner to transfer him on vacant seat of MBBS in IGMC, Shimla has been wrongly rejected may very kindly be quashed and;1
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(ii) By way of the writ, order or directions in the nature of writ of Mandamus respondents may kindly be directed to .
transfer the petitioner on vacant seat in IGMC, Shimla from Dr. RPMC Tanda without any further delay, in the interest of justice, equity and fair play.
2. Evidently, the petition is pre-mautre inasmuch as the petitioner can apply for migration only after qualifying in the first professional MBBS Examination in terms of National Medical Commission (erstwhile Medical Council of India) Graduate Medical Education Regulation, 1997, more particularly, Clause 6(3) whereof, which reads as under:
6(3) The applicant candidate shall be eligible to apply for migration only after qualifying in the first professional MBBS examination. Migration during clinical course of study shall not be allowed on any ground.
3. Accordingly, the present petition is dismissed.
However, dismissal of this petition shall not prevent the petitioner from applying for migration after qualifying in the first professional MBBS examination, in accordance with the regulations.
4. Pending application(s), if any, shall also stand disposed of.
(Tarlok Singh Chauhan)
Judge
(Virender Singh)
31st May, 2023 Judge
(sanjeev)
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