Migration from Unrecognised college to a recognised college is barred under MCI regulations: Supreme Court

On Tuesday, the Supreme Court held that migration couldn’t be permitted from an unrecognised medical college to a recognised one as per Regulation 6 of Medical Council of India Regulations regarding Graduate Medical Education, 1997.

This observation was made when the Court was hearing MCI’s challenge to a Rajasthan High Court judgement that allowed such migration and ruled that the term migration referred to in sub-clause 2 of Regulation 6 is not limited to Schedule 1 of MCI Act, but it has a much broader scope. The Court further opined that all colleges allowed to impart medical education are deemed to be recognised colleges to consider migration applications.

While setting aside the High Court order, the Supreme Court stated that Regulation six’s interpretation was patently erroneous. The COurt opined that Regulation 6 subclause 2 provides for migration between two recognised colleges. The term migration cannot be interpreted without reference to Regulation, which clearly states that both colleges should be recognised u/s 11(2) Act.

Facts of the Case:-

Respondent no.1 was admitted to the first batch of MBBS course of Ananta Institute of Medical Science & Research Centre. Still, she requested the Board to migrate to SN Medical College, Jodhpur. She admitted no objection certificates issued by her current medical college. However, the Board rejected her application because such migration was not permitted clause 6(2) of Migration Rules.

Aggrieved, the respondent moved the High Court, where her petition was allowed. MCI filed an appeal, but the same was rejected by the Division Bench of the High Court.

Case Before the Supreme Court

When the case reached the Supreme Court, the Bench stated that the High Court order was patently erroneous. The Court remarked that the Regulation clearly states that there cannot be any migration from an unrecognised college to a recognised one. Regulation 6(2) migration is only possible if both the colleges are recognised u/s 11(2) of the Indian Medical Council Act.

The Court remarked that the term migration could not be read without referring to Regulation that clearly states that both the colleges should be recognised u/s 12(2). As the college where the respondent is currently studying is not recognised, migration cannot be permitted.

Hon’ble Court set aside the High Court judgement and disposed of the case.

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