1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2434 OF 2009 Paulomi Manoj Dave ........Petitioner versus Directorate of Medical Education and Research and another ........Respondent. Mr. V.M. Thorat with Ashwini Singh i/b. D.R. Shah adv. for the Petitioner. Mr. M.D. Naik AGP for the Respondents. 1 and 2. Ms. S. Puri for respondent no.3. CORAM: J.N. PATEL Acting .C.J. AND B. R. GAVAI, J. DATED : 01st February, 2010. P.C.: Rule. Taken up for final hearing by consent of parties. 1. The petitioner who has passed First MBBS examination has filed the present petition for seeking writ of mandamus directing the respondent, to sanction the petitioner’s application for transfer from her present college to a college in Mumbai . 2. The petitioner on the basis of marks obtained by her in the Common Entrance Test examination held by the Association of Management of Unaided Private Medical and Dental Colleges, and 2 was admitted in Mimer Medical College, Talegaon for MBBS course. After admission, the petitioner fell ill and she was diagnosed with Menorrhagia and for recurrent epistaxis and severe anaemia. The petitioner was further diagnosed with Immune Thrombocytopenic Purpura. On account of her ailment, the petitioner applied for her transfer from Mimer Medical College, Talegaon to the Medical College at Mumbai. Necessary no objection certificate was granted by Maharashtra University of Health Sciences subject to approval of the respondent no.1 as per the norms set out by the Medical Council of India. Necessary no objection certificate was also issued by the Dean of Medical College, Talegaon. Not only this but the Deans of KEM hospital, T.N.Medical College and L.T.M. Medical college,Mumbai also granted no objection certificate for transfer of the petitioner in their colleges. However it was only the respondent no.1 who by communication dated 23-10-2009 objected to the transfer of the petitioner on the ground that the transfer from private medical college to a Government Medical college was not permissible. Hence the present petition. 3. The learned counsel appearing on behalf of the petitioner submits that the Medical college from which the petitioner is seeking transfer and the Medical colleges where the petitioner wants to transfer, both are recognized Medical colleges in Maharashtra and are affiliated to the Maharashtra University of Health Sciences and for no reason the respondent no.1 has objected to the transfer of the petitioner. 4. On behalf of the respondent no.1, it is submitted that the 3 Committee which has considered the application for transfer, has decided to permit the transfer from one Government/Corporation Medical College to another Government Medical college so also transfer from one private medical college to another private medical college is also permissible. It is submitted that however, since the admission procedure and the structure for private medical colleges and government medical colleges are different, the same is not permissible. 5. We have specifically inquired from the Medical Council of India, the respondent no.3 as to whether there is any prohibition of transfer from the Government Medical College to private medical college and we are informed that there is no such prohibition. It is the contention of Medical Council of India that what is necessary for transfer from one college to another is that both the colleges should be recognized by Medical Council of India. 6. Undisputedly the college from where the petitioner is seeking transfer so also the college where she seeks transfer are all recognized by MCI. Not only that all colleges are affiliated to Maharashtra University of Health Science. We find that the reliance placed by the respondent no.1 on the minutes of the meeting where it is decided that the transfer from Government medical college to private medical college is not permitted, has no valid force soecifically in the absence of any specific rules prohibiting such transfer. In that view of the matter, we are required to allow the petition. 4 7. The respondent nos.1 and 2 are directed to permit the transfer of the petitioner to KEM hospital, Parel, Mumbai on compliance of all requisite formalities. 8. Rule made absolute with no order as to costs. (Acting C.J.) (B.R. Gavai, J.)