1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9595 OF 2009 Prachi Prakash Shah, ) of Mumbai inhabitant residing at ) 503/504-A, Mithila Apartment, ) S.V.Road, Kandivali (West), ) Mumbai 400 067. ).. Petitioner Versus 1. The Union of India ) through the Secretary, ) Minitry of Health, Nirman ) Bhavan, New Delhi. ) 2. The State of Maharashtra, ) through the Government Pleader, ) High Court, Appellate Side, ) Mumbai. ) 3. The Directorate of Medical ) Education and Research ) having its office at St. George ) Hospital Compound, 4th Floor, ) V.T.Mumbai 400 001. ) 4. The Medical Council of India ) having its office at Sector 8, ) Pocket 14, Dwarka-1, ) New Delhi 110 077. ) 5. The Dean, ) Smt. Kashibai Navale Medical ) College &General Hospital, ) 2 having his office at S.No.49/1, ) Narhe (Ambegaon), Near Pune ) Mumbai Bypass Road, Dist. ) Pune 411 041. ) 6. The dean, ) K.J.Somaiya Medical College & ) Research Centre, ) havig his office at Ayurvihar, ) near Everad Nagar, Eastern Express ) Highway, Sion, Mumbai400 022. ) 7. The Maharashtra Universities of ) Health Sciences having its office ) at Gangapur Road, Anandvalli, ) Nashik 422 013. Maharahtra. )..Respondents Mr. V.Sreedharan with Miss Anjali Chandurkar & Mr. Jas Sanghvi i/b. PDS & Associates for the petitioner. Mr. D.A.Dubey, for respondent No.1. Mr. S.R.Nargolkar, AGP, for respondent Nos. 2 & 3. CORAM: FERDINO I.REBELLO AND J.H.BHATIA, JJ. DATE : 19th November, 2009. ORAL JUDGEMNT : (PER FERDINO I.REBELLO,J.) 1. Rule. Heard forthwith. 2. The petitioner had joined Smt. Kashibai Navale Medical College, Pune, which is a College recognised by the Government of India and affiliated to the Maharashtra University of Health Sciences. The said student applied for 3 migration to the K.J.Somaiya Medical College at Mumbai. Both the colleges where the petitioner initially joined and the college where the petitioner is to join, have given their No Objection. Insofar as the 2nd MBBS First Term is concerned, K.J.Somaiya College has informed that there are 11 clear vacancies. Based on that, the University has granted No objection and subject to approval by the Director of Medical Education & Research, Mumbai. 3. The Director of Medical Education & Research declined to grant permission considering Rule 1, as in his opinion the relieving college is not recognised by M.C.I. 4. The question before us is whether in a case where a college is granted permission by the Government of India under Section 10A of the Indian Medical Council Act, 1956 and also affiliated to a recognised University and allotment of seats to the College where the petitioner is pursuing education is done by the Director of Medical Education & Research, can non-recognition by M.C.I. when the process is on can result in denying to the petitioner permission to join the College by transfer. Guidelines have been framed by respondent No.3 and Guideline No.1 reads as under :- 4 “1. The transfer of successful candidates from one recognized Medical College to another recognized Medical College shall be possible i.e. after declaration of result of 1st M.B.B.S., university professional examination” The said guidelines have to be read in terms of Regulation 4 which has been framed by the Medical Council of India on migration/transfer of student. The said Regulation reads as under :- “4. Migration of students from one college to another is permissible only if both the colleges are recotgnized by the central government under section 11(2) of the Indian Medical Council Act, 1956 and further subject to the condition that it shall not result in increase in the sanctioned intake capacity for the academic year concerned in respect of the receiving Medical College.” It is, thus clear that insofar as Medical Council of India is concerned, migration permission is granted in respect of college recognised by the Central Government under Section 11 of the M.C.I. Act. Section 11 reads as under :- “11. Recognition of medical qualifications granted by Universities or medical institutions in India – (1) The medical qualifications granted by any University or medical institution in India which are included in the First Schedule shall be recognised medical 5 qualifications for the purposes of this Act. (2) Any University or medical institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised, and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date.” It would thus be clear that it is only in respect of a college affiliated to the University which is included in the First Schedule in respect of which a transfer is permissible. 6. In the instant case, the MBBS Degree recognised by the Maharashtra University of Health Sciences though not included in the Schedule, nonetheless its predecessor universities namely Universities of Mumbai as well as of Pune now the Maharashtra University in so far as medical education is concerned find their name in the First schedule. In the light of that, Regulation No.4 will have to be read in consonance with the Guideline No.1 as issued by the Director. So read, 6 it will have to mean that once a college is recognised and affiliated to a university, transfer from one college to another is permissible as long as the University grants sanction and otherwise there are no legal impediments. In our opinion, there are no legal impediments. The Act, regulations and directions will have to be read to harmonize the object which is that no student of a unrecognised institution can be admitted to a recgnised institution. 7. In the light of that, in our opinion, the reasons given by the Director would be contrary to Regulation 4. This petition will have to be allowed. Rule made absolute in terms of prayer clauses (b) and (c). (J.H.BHATIA,J.) (F.I.REBELLO,J.)