IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WA.No. 1710 of 2011 ----------------------- AGAINST JUDGMENT IN WPC 26674/2011 DATED 27/10/2011 ...... APPELLANT/PETITIONER: --------------------------- NASIRUDHEEN.K., S/O.HAMZA, AGED 21 YEARS, KURUNIYAN HOUSE, MATTATHOOR.P.O., MOOLAPARAMBU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE DIRECTOR, THE DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, TRIVANDRUM, PIN-695 001. 2. THE PRINCIPAL, DOCTOR SOMERVELL MEMORIAL C.S.I. MEDICAL COLLEGE, KARAKKONAM, TRIVANDRUM, PIN-695 504. 3. THE PRINCIPAL,T.D.MEDICAL COLLEGE, ALAPPUZHA, PIN-688 001. R1 BY GOVT. PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WA 1710/2011 ANNEXURE-A TRUE COPY OF GO(MS) 256/09/H & FWD DT. 22.7.09 ISSUED BY THE GOVT. OF KERALA /TRUE COPY/ PA TO JUDGE Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1710 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of December, 2011 JUDGMENT Manjula Chellur, Ag. C.J. By consent of both sides, the matter is taken up for final disposal. Heard the learned counsel for the appellant as well as the Government Pleader. 2. The appellant herein is pursuing second year MBBS in the 2nd respondent College. As there was a vacancy in the 3rd respondent College at Alappuzha, the appellant sought for accommodating him in the vacancy by transferring him from 2nd respondent College to 3rd respondent College. It is not in dispute that GO(MS) No.256/2009/H&FWD dated 22.07.2009 was the guiding regulation or procedure governing migration of the student from one College to another College. According to the stand of the respondents, the above said Government Order do not permit for such migration from a self financing College to Government College, i.e., there cannot be a migration as per Clause 8 of the said Government Order. Based on the said W.A. No. 1710 of 2011 -:2:- submission and also Clause 8 of the above said Government Order, the learned Single Judge dismissed the Writ Petition. Aggrieved by the same, the present appeal is filed. 3. On an earlier occasion the learned counsel for the appellant brought to our notice that, the only reason why Clause 8 in the Government Order could have been incorporated was, in a self financing institution if the student leaves the institution in between before the completion of the course, the institution would be put to financial loss. As per the statement filed on behalf of the 1st respondent today, we note the following grounds why such migration was barred: “2. It is humbly submitted that, Migration from a self Financing medical College to a Government Medical College should not be permitted on the following grounds. 1. The chance of a student of Government eat in self financing Colleges getting transfer to a vacant seat in any of the Government Medical Colleges may be ascertained by Commissioner for Entrance Examination at the time of admission process only. a. After the closing of admission process migration from self financing medical colleges to Government Medical Colleges is not permitted as per W.A. No. 1710 of 2011 -:3:- GO(MS) 256/09/H&FWD dated 22.07.2009. b. In the MCI regulations it is clearly stated that migration during clinical course of study shall not be allowed on any ground. In this case the student has already under gone nearly one year of clinical training in the 2nd year. c. The fees structure of a self financing institution is entirely different from that of Government College.” 4. According to the learned counsel for the appellant, the appellant is ready to deposit all the fee and other necessary charges the 2nd respondent institution would have charged for the completion of the course, therefore, there will not be any financial loss so far as the 2nd respondent College is concerned. From the submissions of both sides, we note that the first and foremost condition for such migration is; the applicant has to get NOC from the College where he is studying for the present, and also from the University to which the College is affiliated. Along with this NOC, the applicant has to submit his application to the Director of Medical Education. W.A. No. 1710 of 2011 -:4:- 5. We also note from the earlier proceedings that we wanted to know whether any other second year student of 2009-10 batch from another Government Medical Colleges in the State of Kerala was proposing or requesting to come to the 3rd respondent College. As on today we note that though there is no student from any other Government College in the State of Kerala opting out to come to 3rd respondent's College, one student by name Krishna Greeshma from All India quota is seeking for migration from SRTR Medical College, Ambajogai, Mharashtra to the vacant seat at Government College, Alappuzha. 6. Ultimately, the Director of Medical Education has to take a decision in accordance with the procedure, rules and regulations applicable to the controversy in question, who should be preferred to the vacant seat at the 3rd respondent's College, whether the appellant herein or Krishna Greeshma from Maharashtra. In that view of the matter, we dispose of the above appeal, with a direction to the 1st respondent Director to take a W.A. No. 1710 of 2011 -:5:- decision, which of the applicants would be entitled to be preferred to the vacant seat at the 3rd respondent's College, in strict adherence to the Government Order, regulations and other procedure contemplated for such migration. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb W.A. No. 1710 of 2011 -:6:- Manjula Chellur, Ag. C.J. & C.N.Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1710 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of November, 2011 O R D E R Manjula Chellur, Ag. C.J. Government Pleader is directed to secure information from the Director of Medical Education, whether any other second W.A. No. 1710 of 2011 -:7:- year student of 2009-10 batch from any other Government Medical College in the State of Kerala is proposing to come to the Government Medical College, Alappuzha in the vacant seat arising on account of one student migrating to another College. Post after a week. Manjula Chellur, Ag. Chief Justice. C.N.Ramachandran Nair, Judge. ttb