IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 26674 of 2011(H) -------------------------- PETITIONER(S): --------------- NASIRUDHEEN K., S/O.HAMZA, AGED 21 YEARS, KURUNIYAN HOUSE, MATTATHOOR P.O., MOOLAPARAMBU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DIRECTOR, THE DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, TRIVANDRUM, PIN-695001. 2. THE PRINCIPAL, DOCTOR SOMERVELL MEMORIAL C.S.I, MEDICAL COLLEGE, KARAKKONAM, TRIVANDRUM, PIN-695504. 3. THE PRINCIPAL, T.D.MEDICAL COLLEGE, ALAPPUZHA, PIN-688001. SR GP SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26674 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE PRINCIPAL, MEDICAL COLLEGE, TRIVANDRUM DATED 10-8-2011. EXHIBIT P2: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 10-9-2011. EXHIBIT P3: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 10-9-2011. EXHIBIT P4: TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 2-10-2011 TO THE PETITIONER. (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).26674/2011 .............................................. Dated this the 27th day of October, 2011 JUDGMENT Petitioner is a 2nd year M.B.B.S student in the college of which the second respondent is the Principal. He submitted Ext.P2 application to the first respondent requesting that he be transferred and accommodated in a vacancy which is available in the third respondent College. There was no response to the request. Therefore, the writ petition has been filed seeking a direction requiring the third respondent to admit the petitioner in the 2009 batch of M.B.B.S Course in an existing vacancy. 2. The case was adjourned for instructions of the learned Government Pleader. According to the Government Pleader, on 22.7.2009 Government have issued order No.G.O.(MS).256/2009 H & FWD clarifying that migration from one college to other is possible only if an application in that behalf is received within one month of the publication of the result of the 1st year examination. It is also stated that Rules do not permit for migration from a Self Financing College to Government College and that a student who commenced Clinical studies in one college cannot migrate to any W.P.(C).26674/11 2 other college. In view of the aforesaid policy of the Government which is stated to be consistent with the Regulations of the Medical Council of India, the request of the petitioner now made, does not come within the scope of the Government Order. In view of the above, there is no merit in the writ petition. It is accordingly dismissed. ANTONY DOMINIC, Judge mrcs