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14. For considering the issue as framed above, it is necessary to see whether the IMC Act, 1956 and the regulations made there under provides for migration of students pursuing medical course in a foreign University to a Govt. Medical College in India.

15. Before I answer the aforesaid issue which arises for consideration, the plea of Mr. Singhdev that the admission of an Indian citizen in a foreign medical institution is subject to Section 13(4A) and 13(4B) of the IMC Act, 1956 and as per the Regulations of undergraduate medical course in a Foreign Medical Institution Regulations, 2002 requires Indian citizen desirous of joining undergraduate medical course in any foreign medical institution on or after 15th March, 2002, has to approach the MCI for issuance of eligibility certificate for the said purpose, is concerned, the same is misconceived and would be of no relevance in view of the judgments of this Court in the case of Sushil Kumar (Supra) and Shambhavi Sharma (Supra), wherein this Court has held the requirement of seeking a certificate for pursuing a course abroad would not be mandatory.

16. Mr. T.Singhdev, who relied upon Regulation 6 of the Regulations of 1997, I reproduce the same as under: -

"6. Migration (1) Migration of students from one medical college to another medical college may be granted on any genuine ground subject to the availability of vacancy in the college where migration is sought and fulfilling the other requirements laid down in the Regulations.

Migration would be restricted to 5% of the sanctioned intake of the college during the year. No migration will be permitted on any ground from one medical college to another located within the same city.