ASN 1 WP-3171.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3171 OF 2011 Miss. Usha Kochukrishnan S. ..Petitioner. Vs. Directorate of Medical Education and Research, Bombay and ors. ..Respondent. Ms. Pooja Thorat appointed as Amicus Curie for the Petitioner. Ms.Rai Rodrigues for Respondent No.2. Mr.S.B.Shetye for Respondent No.4. Mr. V.D. Patil, Govt. Pleader for Respondent-State. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. DATE : 14 th June, 2011 PC: In this petition filed under Article 226 of the Constitution, the petitioner who is prosecuting her studies in the third year MBBS course contends that notwithstanding the fact that all the colleges imparting medical education are affiliated to Maharashtra University of Health Sciences, the petitioner’s examination of the 3rd year MBBS course should be conducted by Mumbai University where the petitioner had secured admission in the year 1993. By the Maharashtra University of Health Sciences (Second Amendment) Ordinance, 2010 as contained in the Notification dated 5th October, 2010 and published in the Government Gazette of even date, Section 94 of the Maharashtra University of Health Sciences Act, 1998 has been substituted and Section 94 now reads as under:- ASN 2 WP-3171.sxw “94- Notwithstanding anything contained in this Act, Statutes, Ordinances, Regulations or Rules, any student who immediately prior to the date of commencement of this Act and on the date of commencement of the Maharashtra University of health Sciences (Second Amendment) Ordinance, 2010 was studying for a degree in Health Sciences in any of the Universities specified in the Schedule to this Act, shall be deemed to be the student of the University.” 2 It is thus clear that with effect from 5th October, 2010 any student studying for degree in Health Sciences (which includes MBBS Course) in any of the Mumbai University College shall be deemed to be the student of Maharashtra University of Health Sciences. It is, therefore, obvious that after 5th October, 2010 all the examinations for the 3rd year MBBS Course have to be conducted by Maharashtra University of Health Sciences. Merely because the petitioner was admitted to the 1st year MBBS Course by the Mumbai University way back in the year 1993 and the petitioner has taken 18 years for this course, it can never be said that the petitioner’s examination must be held by Mumbai University. The learned counsel for the petitioner has referred to certain instances in support of the contention that students of Mumbai University have been permitted to appear at the examination conducted by the Mumbai University. Those instances are prior to 5th October, 2010 and therefore, they can be of no avail to the petitioner. 3 As regards the petitioner’s contention that the petitioner has paid examination fees to the Mumbai University, in the affidavit dated 7th ASN 3 WP-3171.sxw June, 2011, the Deputy Registrar of Mumbai University, has pointed out that the examination fees paid by such students will be reimbursed by Finance & Accounts officer of the Mumbai University. We therefore, direct that such reimbursement shall be made within two weeks from today. 4 The learned counsel for the petitioner has also submitted that no migration of medical student from one university to another can be effected without prior permission of the Medical Council of India. This is not a case of migration of student from one university to another. As the colleges affiliated to Mumbai University are now affiliated to Maharashtra University of Health Sciences and therefore, the argument made by the learned counsel for the petitioner that the ordinance made by State Government cannot be made applicable to the case of the petitioner, is misconceived. 5 Subject to above direction regarding reimbursement of fees, the petition is dismissed. CHIEF JUSTICE GIRISH S. GODBOLE, J.