Lawstreet Journal

Migration From Unrecognised to Recognised Medical College Restricted by MCI Regulations: Supreme Court [READ ORDER]

Lawstreet Journal 5 Feb 2021 6:44pm

Image courtesy: Lawstreet Journal Judiciary Migration From Unrecognised to Recognised Medical College Restricted by MCI Regulations: Supreme Court [READ ORDER]

In Medical Council Of India v. Anchal Parihar & Ors., the Supreme Court on Tuesday (February 2, 2021) held that migration cannot be permitted from an unrecognised medical college to a recognised medical college in view of Regulation 6 of the Medical Council of India Regulations on Graduate Medical Education, 1997.

The two judge bench of Justice L. Nageswara Rao and Justice Indira Banerjee Were hearing the challenged Rajasthan High Court judgment by Medical Council Of India (MCI). The learned Single Judge of the High Court allowed the Writ Petition and directed the Medical Council of India to relax the Regulations and permit migration of respondent holding that the term 'Migration' referred to in sub-clause (2) of Regulation 6 of the Migration Rules is not limited to Schedule-I of the Medical Council of India Act, 1956 and has much wider scope.

The top court observed that the High Court hax committed an error in interpreting Regulation 6 of Graduate Medical Education Regulations, 1997. 

 

Migration of a student pursuing an undergraduate medical course is permissible only if both the colleges are recognised by the Central Government under section 11(2) of the Indian Medical Council Act, 1956 in accordance with Regulation 6(2). The further condition stipulated in Regulation 6(3) is that an application for migration may be made by a candidate only after qualifying the first professional MBBS examination. Migration during clinical course of study shall not be allowed on any ground,” the top court said.

 

FACTS OF THE CASE:

 

Respondent No. 1 was admitted to first MBBS… Continue Reading...


Tagged: Supreme Court of India  
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