1990 (3) TMI 372 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of the rule prohibiting migration from the Medical College.
2. Alleged violation of Article 14 of the Constitution of India.
3. Compliance with Medical Council of India guidelines.
4. Discretionary issuance of No Objection Certificates (N.O.C.).
5. Petitioner's specific grounds for migration.
6. Compliance with procedural requirements for transfer to Municipal Medical Colleges.

Detailed Analysis:

1. Validity of the Rule Prohibiting Migration:
The petitioner challenged the rule of the Mahatma Gandhi Institute of Medical Sciences, which prohibits migration to other medical colleges. The rule states, "No application for migration to other Medical College will be entertained from the students admitted to this Institute." The respondents justified this rule by explaining that it ensures the institute's capacity for training and education is maximized and prevents seats from falling vacant mid-course, thereby not depriving other eligible candidates of admission.

2. Alleged Violation of Article 14:
The petitioner argued that the rule violates Article 14 of the Constitution of India, which guarantees equality before the law. The court referenced the Supreme Court decision in S. Azeez Basha v. Union of India [1968]1SCR833, which held that different universities could have different rules based on their unique problems and objectives. The court concluded that the rule prohibiting migration has a reasonable nexus with the objective sought to be achieved and does not violate Article 14.

3. Compliance with Medical Council of India Guidelines:
The petitioner contended that the rule against migration contradicts the guidelines of the Medical Council of India (MCI), which allow for student migration between recognized medical colleges. However, the court noted that these guidelines are merely advisory and do not have statutory force. The court cited Diploma in Medical Practice Association, Nagpur v. The Medical Council of India (1969)71BOMLR587, which clarified that MCI resolutions are advisory and cannot override statutory regulations. Therefore, the guidelines cannot compel the institute to permit migration.

4. Discretionary Issuance of No Objection Certificates (N.O.C.):
The petitioner argued that the institute had previously granted N.O.C.s to other students, suggesting discriminatory treatment. The respondents admitted that while the rule generally prohibits migration, exceptions are made in genuine cases. They stated that the petitioner's case did not present sufficient grounds for an N.O.C. The court found no mala fides in the respondents' decision and upheld their discretion in granting N.O.C.s.

5. Petitioner's Specific Grounds for Migration:
The petitioner cited health issues (allergic bronchial asthma) and her mother's illness as grounds for migration. The respondents countered that the petitioner had not provided sufficient medical evidence or complaints during her stay at the institute. They also offered to have the petitioner examined by a Medical Board, which the petitioner did not pursue. The court found the respondents' grounds for denying the N.O.C. to be genuine and not discriminatory.

6. Compliance with Procedural Requirements for Transfer:
The petitioner failed to meet the procedural requirements set by the Bombay Municipal Corporation for transferring to a Municipal Medical College. The deadline for submitting necessary documents, including the N.O.C., was 31st January 1990, which the petitioner missed. Consequently, her application was not considered, and all available seats were filled by other candidates who complied with the requirements.

Conclusion:
The court dismissed the petition, finding no violation of Article 14, no statutory compulsion to follow MCI guidelines, and no discrimination in the respondents' discretionary issuance of N.O.C.s. The petitioner's failure to comply with procedural requirements further undermined her case. The petition was dismissed with no order as to costs.