Appeal No 2221 of 1993
From the Judgment and Order dated55
1993 of the Madhya  Pradesh High Court in MP No 4420 of 1991
Harish N Salve and LR Singh for the Appellant
Anoop Choudhary AK Sanghi SV Deshpande and section K Agnihotri for the Respondents
The Judgment of the Court was delivered by Mohan J
Leave granted in SLP filed by Indian Medical Council Jabalpur
All these appeals are dealt with under a common judgment since they arise out of the same judgment passed in Misc
Petition No4420 of 1991 by the Madhya Pradesh High Court Jabalpur Bench
One Dr
Nelson father of respondent1 was serving in Madhya Pradesh State Public Health in the Department of Surgery in the Medical College at Jabalpur
His wife Dr Mrs Shobha Nelson was also working as a Lecturer in the Department of Obstetrics and Gynecology in Medical College in a purely temporary capacity
Nelson applied for foreign assignment
He was selected for the same
Therefore
a request was made by the Government of India Department of Personnel and Administrative Reforms vide its letter dated 2nd of January
1975 790 requesting the State Government to spare the services of Dr 
SK Nelson for foreign assignment with Zanzibar Government
The Under Secretary to the Government of Madhya Pradesh Department of Public Health and Family Planning replied on 1541975 that it was not possible for the State Government to spare his services
However Dr Nelson proceeded on two months  vacation with effect from 1575He wrote a letter to the Dean of Medical College Jabalpur that he was proceeding on long leave owing to unavoidable family circumstances
Even after the expiry of the period of leave he did not rejoin the post
His request for further extension of leave was rejected
Notwithstanding the same Dr Nelson and his wife proceeded to Tanzania and the first respondent Silas Nelson also accompanied them
It also requires to be mentioned in passing that a request was made to the Government of madhya Pradesh to spare the services of Dr Shobha Nelson
It was pointed out by tile State Government that she being A temporary servant she had no lien and she will have to resign the State service before joining her duties in Zanzibar
She also absented unauthorisedly and proceeded to Tanzania along with her husband
The first respondent claimed to have passed GCE O  level as well as A  level examinations from the University of London conducted by the Education Council of the Government at Dar es Salam in Tanzania
He also claimed that he had obtained credits in A  level in three subjects ie Biology Physics and Chemistry and O  level in six subjects ie Biology Chemistry English language
English Literature Mathematics and Physics
On this basis he claimed that he was entitled to admission in any Medical College in India
According to him these examinations are considered to be equivalent qualifying examinations and pre requisite for admission to any Medical College
It was also stated that Rani Durgawati University of Jabalpur had given an equivalence certificate
He obtained admission in Muhmbili Medical College in the Faculty of Medicine
which is affiliated to the University of Dar es Salam in the year 1989
lie had completed one year at the same college and University
Thereafter he was pursuing his study in the second year
Having regard to the fact that he had studied the subjects in Anatomy Physiology Biochemistry Preventive and Social Medicine including Behavioural Science and Biostatistics Medical Psychology and Developmental Studies and Medical Surgery he had undergone a wider course
Therefore according to him he possesses the eligibility criteria for admission to the MBBS Degree Course at Jabalpur
A request was made by the father of the first respondent to nominate the first respondent to MBBS Course directly under Central Government quota
This request related not only to the first respondent but also his sister
However the Central Government advised Dr Nelson to approach the Medical Council oflndia 791 and the concerned University in jabalpur seeking their concurrence to the migration of his two children from the University of Dar es Salam
Tanzania to Medical College in jabalpur
On 20th December 1989 Dr nelson approached the appellant Medical Council of India hereinafter referred to as the Council for grant of no objection to the transfer
This request was turned down on 12190 as migration was not permissible under the Rules
The position was further made clear by the letter of the appellant dated 281290
Aggrieved by this the first respondent and his sister Kumari Divya Nelson filed Writ Petition Misc
Petition No 2535 of 1990 before the Madhya pradesh high Court at Jabalpur
The prayer was for a writ of mandamus to direct the respondents to grant admission to them to the 2nd year of MBBS Degree Course at Medical College jabalpur
It was contended that the Council had not authority to object or refuse the issue of no objection certificate since its primary function is to prescribe minimum standards of medical education
It is the University alone which should be concerned about the admission
The High Court by its judgment dated 12791 allowed the writ petition
It directed the appellant and other authorities to consider the case of respondent 1 and his sister within a period of two months for their admission in the Medical College jabalpur in the light of clause E  of the mandatory recommendations approved under Section 33 of the 
It was also held that though the Council had considered the case of the candidates yet it had not looked into the individual merits regarding their eligibility for transfer to Medical Collegejabalpur which affiliated to Rani Durgawati Vishwa vidyalaya jabalpur
Besides teh impugned letter of the council does not show any application of mind as it is not speaking order
In complete with the above directions the Executive Committee of the appellant Council reconsidered the case on 20891
The question was whether the migration of the respondent on individual merit to Medical College
jabalpur under clause v e  of the Migration Rules was permissible
It was concluded that the migration could not be allowed since the ground were not sufficient for such migration
It was also of the view that the facts stated for considering the individual case on merits were not relevant
What is important to be considered is the course of study the student had already undergone vis a vis the course being taught in the Medical College in Which the migration is sought
The candidate had not also finished enough materials to make comparison with 792 the course of study conducted in medical College at jabalpur
For these reasons the request for migration was rejected
The same was reiterated by a letter dated 4192
After this a review petition was filed to recall the order dated 12791 of the High Court
However the review petition was dismissed by the High Court
An application for contempt was also dismissed
There upon Misc Petition No 4420 of 1991 came to be filed seeking admission in the 2nd year or the 1st professional MBBS Course at Medical College Jabalpur on the same grounds as were alleged previously
direction was issued on 23121991 to give provisional admission
After admission of the writ petition the same order was continued
Though an application was preferred by the respondents 2 to 4 to have the order vacated on the ground that migration from an unrecognized Medical College to a recognised Medical College was not permissible the same was dismissed
Some interesting development took place during this stage
The candidates did not produce the required document
Hence provisional admission was not granted to them by the respondents 2 to 4
That led to the filing of Interlocutory Application No 2805 of 1992 for further direction
Respondents 2 to 4 also filed an application for direction on 26392 inter alia pointing out that before grant of provisional admission the writ petitioners were required to submit proof of their having passed 1st year course at Tanzania
In the absence of such proof the admission was impossible
Further in which year of the MBBS course the first respondent was to be admitted was not free from difficulty
it was averred that even without passing the first year from the university of Dar es Salam the claim is made for admission to the second year
This is nothing but fraud the High Court strangely permitted the writ petitioner
Kumari Divya Nelson to withdraw herself from the petition and it directed respondent 1 alone could prosecute his studies
The authorities were directed to grant provisional admission his filing necessary forms and depositing admission fees without insisting on the production of any other certificate or testimonials or syllabus of Dar es Salam University
For non compliance with this direction a contempt application was taken but by the first respondent
On peril of contempt the Dean Respondent 4 had not other option but to comply with the order of provisional admission
Against this order directing provisional admission without insisting on the production of any other documents SLP C No 10498 of 1992 was preferred
Leave was granted on 7992 by this court staying the operation of the order dated 18592 of the High Court
This Court directed that the interim order well subsist 793 till the disposal of the writ petition before the High Court and requested the High Court to dispose of the writ petition of the respondent I expeditiously
By the impugned judgment dated 5th March 1993 the writ petition was allowed The resolution dated 20th August 1991 refusing to accede to the request of the writ petitioner respondent 1 for migration was quashed holding that there was no application of mind by the Council
lt is under these circumstances these appeals by special leave to appeal have come to be preferred
Mr harish N Salve learned counsel for the appellant would submit the following grounds attacking the impugned judgment The High court erred in directing admission to respondent I in recognised medical college in India from an unrecognized college by way of migration transfer
WI the more so
when such impermissibility has been recognised by this Court in Medical Council of India New Delhi vs Rajendra section Sankpal and Ors
C A Nos 3 4 of 1991 dated 211092 and order dated 6121990 of this Court passed in Medical Council of India vs Ms Sunita Anant Chavan  Ors
IA Nos 2 7 in Transfer Petition Civil Nos 230 235 of 1989
The High Court misread Regulation V Under that Regulation migration is allowed from a recognised medical college to another recognised college and that too within three moths after passing of the first professional examination
In so far as the first respondent has neither undergone study in a medical college recognised by the Council nor has he passed the first professional examination he could not he admitted to the second year
The first respondent failed in the subject of Anatomy which is one of the papers taught in the first year at Dar es Salam University
Under the Examination Regulation of the said University he was required to sit in the supplementary examination in the failed subject before the beginning of the next academic year
Thus he was required to clear the said paper within six weeks
Should he fails in the supplementary examination he ceases to be a student of the CollegeUniversity
In so far as the first respondent did not take the supplementary examination he ceased to be a student of Dar es Salam University
Therefore the question of migration could not arise at all
The first yen course of Dar es SalamlJniversitv is not equivalent to the first phase of MBBS Examination in India
794 Equivalence has to be decided by only an expert body that too on technical and academic matters
It is not in the domain of assessment or evaluation by the Court
The High Court should not have embarked on the determination of equivalence on the basis of sketchy materials placed before it
The High Court erred in relying on
Minakshi Malik vs University of Delhi  There the candidate was not in any matter ineligible while here the first respondent is ineligible
The High Court erred overlooking that an administrative authority like the appellant is not required to pass reasoned orders
The decree awarded by Dar es Salam University is not recognised and Is not included under any of the Schedules of the Medical Council of India Act 1956
Therefore there was no occasion for the appellant to decide the equivalence
Should the first respondent be anxious he should have placed all the materials
In opposition to this learned counsel for the respondents argues that the Council has taken a self contradictory stand
In one breath it will contend that there are no materials to decide the equivalence and in the other breath it would say it is not equivalence
Under these circumstances in view of the cryptic order passed the High Court itself decided finding that the Council had not applied its mind
The High Court was satisfied on the basis of documents there is equivalence
The High Court is well entitled to do so
More so having regard to the ruling of Minakshi Malik s case supra Equity also must weigh in favour of the first respondent
In any event the first respondent had passed his pre Medical test successfully in the year 199 1
He also belong s to scheduled tribe
Therefore on the basis of these two documents his candidature could be considered for admission to first year MBBS Course for the ensuing academic year of 1993 94 as otherwise the career of a young man would be completely ruined
The factual position with regard to study of the first respondent in Dar es Salam University requires to be carefully analysed
The claim of the first respondent is that he has passed GCE O  level as well as A  level examinations from the University of London conducted by the Education Council of the Government at Dar es Salam in Tanzania
He claims to have obtained credits in A  level in the following three subjects i Biology ii Physics and 795 iii Chemistry In O  level he claim
 to have obtained credits in the following six subjects i Biology ii Chemistry iii English Language iv English Literature v Mathematics and vi Physics On this basis he claims admission to any Medical College in India as these are considered to be equivalent qualifying examinations and prerequisite for admission to any Medical College
It is claimed on behalf first respondent at Rani Durgawati University of Jabalpur has given an equivalence certificate
That is extracted below With reference to your above cited letter it is to inform you that students have passed in five subjects at least at the GCE Ordinary Level and two subjects at the Advanced Level from University of London are treated as having successfully completed the 12 year Pre UniversityHigher Secondary in India
Hence if your son Shri Silas Supragya Nelson has passed above examination then he may appear in Pre Medical test examination as desired by you According to first respondent he was admitted in Muhmbili Medical College in the Faculty of Medicine which is affiliated to the University of Dar es Salam in the year 1989 and has completed one year at the same College and University
In the First year he had studied subjects in Anatomy Physiology Biochemistry Preventive and Social Medicine which includes Behavioural Science and Bio statistics Medical
Psychology and Development Studies  Medical Surgery whereas at Rani Durgawati University the subjects taught in the first year are Anatomy Physiology and Biochemistry
Thus the courses followed at Dar es Salam University are much wider
It was further claimed that his course in the said Medical College is equivalent to first year course of MBBS Degree awarded by Rani Durgawati University Jabalpur and therefore he possesses the eligibility criteria for admission to the MBBS Degree Course at Jabalpur
796 On the said basis migration is sought
Dar es Salam University is not recognised by the Medical Council of India
Therefore front all unrecognised institution admission is sought to a recognised institution
With the object of maintaining and regulating standards of medical education in the country the Parliament enacted the 
Under Section 6 of the Act
the Medical Council of  India has been incorporated which is a body corporate having a perpetual succession and a common seal Section 12 of the Act makes provisions for recognition of medical qualifications granted by medical institutions in countries with which there is a scheme of reciprocity
Under this section the schedules are given providing list of recognised medical institutions  qualifications
The first schedule gives list of recognised medical qualifications granted by universitiesmedical institutions in India whereas schedule second gives the list of recognised medical qualifications granted by medical institutions outside India
University of Dar es Salam  its medical institution is not included in the second schedule and therefore the qualifications imparted by that institution are not recognised
That apart section 14 of the Act makes provisions for recognition of medical qualifications granted by countries in which there is not scheme of reciprocity
The Central Government has not considered Dar es Salam University for such recognition
It was in this context the following order came to be passed by the appellant The Director Medical Education Madhya Pradesh Bhopal Subject Migration of Silas Nelson and Divya Nelson from Dar es Salam Medical College Tanzania to Medical Collage Jabalpur
Sir With reference to your letter No 6151DMEIV dated 1251990 I am to state that the matter regarding Migration of Silas Nelson and Divya Nelson from Dar es Salam Medical College Tanzania to Medical CollegeJabalpur was duly placed before the Executive Committee of this Council at its meeting held on 20th August 1991 for consideration
The Committed decided as under 797 The Executive Committee considered the matter with regard to the migration of the above candidates on individual merit to Medical College Jabalpur under Clause Ve of the migration rules and did not allow these migration since the grounds are not sufficient for migration and the facts stated in the individual cases are not very relevant for grant of permission for migration
For considering any such cause of migration it is important to consider the cause of study the student has already undergone vis a vis the course being taught in the Medical Colleges in which the migration is sought
Further it is observed that the candidates seeking their migration have also brought no records to show the course of study being conducted at their medical college for making comparison with the study being conducted in Medical College Jabalpur
Hence the applications for migration of the above candidates are rejected
Your faithfully Mrs M Sachdeva Off
Secretary
 Concerning migration the rule also is to the effect that the same can be allowed by the University concerned within three months after the passing of the first professional examination
Then the question of equivalence arises
The equivalence came to be decided in the following manner Reference Letter dated 28121991 of Dy
Registrar General RD University Jabalpur
Regarding letter of ku
Divya Nelson and 2 Silas Nelson to the University
I have gone through prospectus of University of Dar es Salam 1990 90 For MD degree which is equivalent to MBBS of Universities abroad as per letter No HQGN17862 dated 2nd May 1990 of Director of Training and Occupational Health Service attached in the file
For examination at the end of first year in Dar es Salam University the subjects are 798 AnatomyHistology Behavioural Sciences Only one Biochemistry Year study
Physiology Development studies Where in Indian Universities the First MBBS Course which is of 18 months the subjects examined are As premedical Council of India Anatomy Physiology one and half Biochemistry Year study As the detailed syllabus of the 5 subjects taught in one year at Dar es Salam University is not given in the Prospectus it is difficult to know whether the course is equal as only three subjects are taught in Indian University for one and half years indicating that these subjects are taught in more detail here in our University
However in general the subjects taught there in first year included Anatomy Physiology and Biochemistry along with other two subjects which are also the subjects of first MBBS one and half years course here also
For mote clarification the Medical Council of India may be consulted because they are the main authority in India in this respect
Dean Faculty of Medicine of our University was also consulted in this matter sd Protessor  Head
Dept of Biochemistry Medical College  Chairman Board of Studies for Anatomy Physiology  Biochemistry
This may be put up before the standing for confirmation
 We cannot understand when this was the position with reference to equivalence how the High Court had donned the role of an expert body and would say as follows The petitioner has filed documents showing that Dr RK Gupta Reader in Pharmacology of the Medical College Jabalpur was sent on deputation for teaching in the medical college affiliated to Dar es Salam University
The petitioner by filing the documents wants to show that persons having requisite qualifications for teaching in the Medical College Jabalpur were posted or appointed at the medical college affiliated to Dar es Salam University
The documents filed by the petitioner show that the subjects taught in the first year MBBS at Muhibili Medical 799 College Dar es Salam University and the subjects taught at the Medical College Jabalpur are the same
to us the material consideration is the qualifications necessary for admission to the first year MBBS course
The documents on record show that the educational qualifications for admission to the Medical College Jabalpur and the Muhbili Medical College of Dar es Salam University are the same and there is equivalence of courses
As there is equivalence of courses required for admission to the first year MBBS courses in Muhibili Medical College and the Medical College Jabalpur the petitioner is entitled to be transferred to the first year MBBS course of the Medical College Jabalpur and should be permitted to appear in the examination conducted by the Rani Durgawati University Jabalpur
 This is totally unwarranted because the High Court does not have the necessary expertise in this regard
As to the equivalence we have already extracted the opinion of the Chairman of Board of Studies for Anatomy Physiology and Biochemistry
From the above extract it is clearly seen that the Council is the main authority in this respect
Then again the High Court had gone wrong in concluding that the individual cases are relevant for the grant of permission for migration
In our considered view as rightly concluded by the Council what is material is the course of study which a student has undergone vis a vis the courses being taught in the Medical College in which the migration is sought
What the Council was endeavouring to point out was the materials placed before it by the present first respondent were not sufficient to decide the equivalence
The criticism of the Council by the High Court is also not warranted
First of all no certificate was produced by the first respondent that he had completed the first year course in Dar es Salam
Unless and until that is done the question of admission to the second year MBBS could not arise
The first respondent had not appeared in the supplementary examination
If that is so according to the Regulations of Dar es Salam University he is deemed to have discontinued from that Course
In such a case the question of giving admission to Medical College at Jabalpur could never arise
Therefore looked at from any point of view the Medical Council of India which is the authority to decide the equivalence has come to the correct conclusion in that there cannot be a migration from unrecognised institution to a recognised Medical College
The judgment of the High Court is wholly unsupportable
Once we have arrived at this conclusion the question arises whether the case of the first respondent could be considered for the academic year 1993 94 based on his performance in the pre Medical test for the year 1991
The statement of 800 marks obtained in pre Medical Test 1991 is as under Subjects Max
Marks Marks Obtained Physics 300 127 Chemistry 300 220 Botany 300 160 Zoology 300 214 English 300 217 1200 721 He also claims that he belongs to Scheduled Tribe
We do not have material to show as to whether he was granted admission to any Medical College on the basis of his performance in the pre Medical test for the year 199 1
However in the petition for special leave to appeal the appellant has made the following averments In the said Count er affidavit on oath the respondent no1 deliberately knowingly an d willfully made a false statement that he had never appeared in the Pre Medical Test held in the year 1991 and failed
It was further stated that in fact it was his younger brother Sushrut who had appeared in the TMT Examination of 1992
The petitioner herein has made an inquiry and has come to know that the respondent no1 appeared in the Pre Medical Test 1991 vide application No 27811 and was allotted Roll No 624227 but failed to qualify and complete in the said test 
Since the writ petitioner respondent no1 appeared in the Pre Medical Test 1991 vide application No 27811 and was allotted Roll No 624227 but failed to qualify and complete he was not at all eligible for admission to the undergraduate medical course in India
 If this be the correct position he would not be entitled to be considered for admission for the academic year 1993 94 on the basis of his performance in the Pre Medical test held in the year 199 1
It is for the concerned authority to verify the factual situation and decide the matter
801 We make it clear that if his case has already been considered for admission on the basis of performance in the Pre Medical test 1991 and rejected there is no need to consider his case once again for the year 1993 94
Otherwise it may be considered on the basis of performance in the pre Medical test for the year 1991 as against the quota intended for Scheduled Tribe if his status as belonging to Scheduled Tribe is established provided there is no legal impediment in doing so
Subject to the above directions civil appeals will stand allowed
However there shall be no order as to costs
IA No 1 of 1993 in SLP C 6161 of 1993 is also allowed
UP Appeal allowed


Summary:
Sangita was married to accused 2 on 28th April 1984
In the intervening night of 14115 September 1984 the accused found Sangita burning
Sangita s body suffered 100 burns and the smell of kerosene was noticed even in the spot panchnama
There had been problems relating to dowry and she had complained of ill treatment and of being beaten because of failure to pay the dowry amount
The trial judge acquitted accused 1 4 her father in law husband mother in law and sister in law respectively
The High Court examined the evidence a fresh while castigating the trial judge for having gone merely on the statement of the Public Prosecutor that only a case under Ss 306 498 A and 34 was made out
The High Court Convicted the accused under S302 rw 34 S201 rw 34 and 498 A rw 34
Partly dismissing the appeal this Court
HELD 1
It was a case of murder and not suicidal death
It is not possible that there were no cries  from the deceased while she was burning
This is not possible even in a case of suicide
Some of the symptoms of internal and external injuries are common in 879 case if strangulation and burns
But some symptoms that occur in the case of strangulation and not in case of burns are present in this case
Dr KS Narayan Reddy The Essentials of Forensic Medicine and Toxicology 6th edn
p 55 relied on
The prosecution rests its case only on circumstantial evidence
Therefore it is necessary to examine the impelling circumstances attending the case and examine whether the cumulative effect of those circumstances negatives the innocence of the appellant  and serves a definite pointer towards their guilt and unerringly leads to the conclusion that with all human probability the offence was committed by the appellants and none else
State of UP vs Dr Ravindra prakash Mittal JT1992 2 SC 114 at 121
applied
Taylor Medical jurisprudence relied on
On an appreciation of the circumstances which arc established as being closely linked to one another the complicity of appellants 1 and 2 is not in doubt
But it is not necessary that appellants 3 and 4 also participated in the murder of the deceased
They are given the benefit of doubt and accordingly acquitted