Document Fragment View

Matching Fragments

15. Mr. Siddiqui, would candidly state that, although the course of M.D. (Forensic Medicine) is accorded due recognition by the State of Haryana, owing to her inability to cope with that subject, the petitioner is seeking transfer.

16. Mr. T. Singhdev, learned counsel appearing on behalf of respondent No.3/Medical Council of India states that, the petitioner having been granted admission to M.D. (Bio-Chemistry), was not entitled under the Medical Council of India Post-Graduate Medical Education Regulations, 2000 (hereinafter referred to as the 'said Regulations') to be considered for counselling to any other Post-Graduate Course. However, the official respondents, in terms of and in deference to the directions of the Division Bench of the High Court of Punjab and Haryana at Chandigarh, permitted her to participate in the mop-up round, and allotted the seat of M.D. (Forensic Medicine) to her at LHMC, on the basis of the option exercised by her.

17. Mr. Singhdev, learned counsel for respondent No.3/MCI in this behalf relies upon the ratios of the following decisions:-

(i) U.P. Unaided Medical Colleges Welfare Association (Regd.) vs. Union of India & Ors. in W.P.(C) 556/2018, decided by the Hon'ble Supreme Court of India on 25.05.2018;
(ii) Mridul Dhar vs. Union of India, reported as (2005) 2 SCC 65;
(iii) Ashish Ranjan vs. UOI, reported as (2016) 11 SCC 225;
(iv) Dr. Rohan Kapoor & Ors. vs. Guru Gobind Singh Indraprastha University & Anr. in W.P.(C) 5971/2018, decided by a learned Single Judge of this Court vide order dated 30.05.2018;

(v) Sneha Yadav vs. Guru Gobind Singh Indraprastha University & Anr., in W.P.(C) 6565/2018, decided by this Court vide order dated 08.06.2018;

(vi) Dr. Arun Kumar vs. Guru Gobind Singh Indraprastha University and Ors., in W.P.(C) 6999/2018, decided by this Court vide order dated 17.07.2018.

18. Mr. Singhdev, learned counsel would further urge that the sanctity of the cut-off date for counselling and admission is beyond the pale of challenge. In other words, no admission can be granted to the Post-Graduate Medical seats under any quota beyond 31.05.2018, the date postulated in the notification issued by the respondent No.3/Medical Council of India on 20.02.2018, in relation to the Post-Graduate Medical seats.

19. Mr. Singhdev, learned counsel would lastly urge that, the said Regulations bar migration/transfer of a student undergoing any Post- Graduate Degree/Diploma/Super-Specialty course, belatedly. The attention of this Court is invited to the proviso to Regulation 10 the said Regulations in this behalf, which is extracted hereinbelow:-

"10...
MIGRATION Under no circumstance, Migration/transfer of student undergoing any Post Graduate Degree/Diploma/ Super Specialty course shall be permitted by any University/ Authority."