IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11956 of 2009 Between: Dr. J. Haritha W/o. P. Suresh Kumar Flat No. G4, Sri Venkata Sai Residency, Navodaya Colony, Gudimalkapur, Hyderabad-500 028. ..... PETITIONER AND 1 The Prl. Secretary to Govt. Health, Medical and Family Welfare Department L Block, Secretariat Buildings, Hyderabad. 2 The Director of Medical Education Sultan Bazar, Hyderabad. 3 The Registrar Dr. NTR Health University Vijayawada. 4 The Secretary, Medical Council of India, New Delhi. 5 The Registrar, NTR University of Health Sciences, Vijayawada. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue appropriate Writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring action of the 4th Respondent in not issuing the "No Objection Certificate" to the Petitioner as per G.O.Ms.No. 415, dt. 16-11-2000 to undergo rotational internship in Osmania University and the unresponsiveness of the Respondents No.1, 2, 3, and 6 as illegal, unjust, arbitrary, discriminatory, capricious, irrational, whimsical and unconstitutional apart from violation of G.O.Ms.No.415, dt. 16-11-2000 and violation of Art. 15 of the Constitution of India and consequently set aside the letter issued by the 4th Respondent dated 3-6-2009 and direct the Respondent No.4 to issue the "NO OBJECTION CERTIFICATE" and Respondents No.I to 3 and 5 to monitor the the Unaided Private Medical Colleges and prevent them from the collection of any money for the issue of "No Objection Certificates" to the students who wish to undergo internship outside the college. Counsel for the Petitioner:MR.J.P.RAO Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No.11956 of 2009 ORDER: The petitioner herein passed final MBBS examination from the 4th respondent-college. As per the regulations made by the Medical Council of India, the petitioner is required to undergo 12 months compulsory rotational internship so as to be eligible for the award of degree of Bachelor of Medicine and Bachelor of Surgery (MBBS) and full registration. The petitioner intended to pursue her internship in Osmania Medical College instead of 4th respondent college. Accordingly, she made a representation dated 21.05.2009 requesting the 4th respondent college to issue No Objection Certificate (NOC) as required under G.O.Ms.No.415, Health Medical & Family Welfare (E2) Department, dated 16.11.2000. However, the 4th respondent by letter dated 03.06.2009 refused to issue NOC stating that the petitioner could not make out any ground to establish the extreme hardship as provided under G.O.Ms.No.415, dated 16.11.2000. Aggrieved by the same, this writ petition is filed. I have heard the learned counsel for the petitioner as well as the respondents and perused the material on record. The guidelines for Transfer of Internship in respect of MBBS and BDS courses from one institution to another institution prescribed under G.O.Ms.No.415, dated 16.11.2000 provide as under: 3. The Government after careful examination of the recommendations submitted by the Committee in the references 9th and 10th read above and in supersession of the guidelines issued on the subject from time to time in the Gos 1st to 4th and 6th to 7th read above, hereby issue revised guidelines/rules to be followed from the academic year 2000-2001 for affecting transfer of internees both for MBBS/BDS from one institution to another institution within the state and also from outside the State subject to the conditions stipulated below: I. 1) Transfer of internship will be permissible only in the case of extreme hardship. 2) Transfer of internees from one institution to another institution within the state and also from outside the State is permissible. 3) Transfer of internees from one institution to another institution within the same headquarters/city is not permissible. 4) Transfer of Internees from the Institutions within the State to the Institutions to outside the State are recognized by the Medical Council of India/Dental Council of India and Certificates produced to that effect by the applicant. 5) The Internees who sought transfer of internship shall forego stipend. II xxxxxxxxxx III xxxxxxxxxx IV The internees who sought transfer of internship from one institution to another institution within the State or outside the State shall submit application forms for transfer in the Office of the Director of Medical Education, A.P., Hyderabad in the month of January and July of every year with the following certificates: a) Provisional Pass Certificate of MBBS/BDS as the case may be; b) No Objection Certificate from the relieving college c) No Objection Certificate from the University where he/she studied the MBBS/BDS. d) Temporary Registration Certificate from the AP Medical Council/Dental Council as the case may be; e) Certificate of recognition of the college by the Medical Council of India/Dental council of India. f) Self-declaration on Non-judicial stamp paper of Rs.10/- to the effect that he/she will not claim any stipend. 4. The amount so collected above shall be deposited in the college/Hospital Development Societies P.D.Account to be utilized for development of the respective institutions. 5. The Director of Medical Education, A.P.,Hyderabad is requested to effect transfer of internship upto the maximum limit prescribed on a first come first served basis subject to fulfilment of the conditions stipulated in the above paragraphs by the applicants. From the above, it is clear that the Director of Medical Education is the competent authority to effect transfer of internship. Therefore, it is for the Director of Medical Education to consider whether the extreme hardship provided under condition I(1) of the guidelines is made out to permit transfer of internship. It is true that submission of NOC from the relieving college while making an application for transfer in the Office of Director of Medical Education is a condition precedent. However, in the considered opinion of this Court, for the purpose of granting NOC the relieving college cannot go into the question of “extreme hardship.” As already expressed above, it is for the Director of Medical Education to record his satisfaction whether a case of extreme hard ship is made out while permitting transfer of internship from one institution to another institution. In the instant case, admittedly, the petitioner was asked by the 4th respondent college to vacate the hostel and she is staying out side the college campus. She sought transfer of internship on the ground that staying outside college campus is causing extreme hardship to her. Whether the reasons stated by the petitioner constitute “extreme hardship” under condition I (1) of the guidelines so as to permit transfer of her internship is an issue which requires consideration by the Director of Medical Education and not by the 4th respondent college. In the circumstances, the impugned order dated 03.06.2009 passed by the 4th respondent college is hereby set aside and the writ petition is disposed of with a direction to the 4th respondent to consider the request of the petitioner for grant of NOC in accordance with law and issue the same within one week from the date of receipt of a copy of this order without going into the aspect of extreme hardship. The writ petition is accordingly disposed of. No costs. ______________ G. ROHINI,J Date: 05-08-2009 Note: Issue C.C. by tomorrow. B/o KLP