M.N.VENKATACHALIAH, YOGESHWAR DAYAL, J.S.VERMA
Shirish Govind Prabhudesai: Gauri Gulati: Medical Council Of India – Appellant
Versus
State Of Maharashtra: Municipal Corporation Of Greater Bombay: Rajendra S. Sankpal – Respondent
JUDGMENT
VERMA, J.:—The common question involved for decision in these matters is the right of a student admitted in a medical college not recognised by the Medical Council of India to claim migration/ transfer to a medical college recognised by the Medical Council of India after passing the first MBBS examination from the medical college to which the student has been admitted. The students claiming the right to such migration/transfer assert that no discrimination can be made for this purpose between a student admitted initially to the MBBS course in a medical college not recognised by the Medical Council of India and one who has been admitted initially to a medical college recognised by the Medical Council of India. In substance the contention is that both these categories of students belong to the same class being admitted to a medical college where from they obtain the MBBS degree recognised by a university. This question arises in the context of a condition for eligibility to such migration/ transfer prescribed by medical colleges recognised by the Medical Council of India for entertaining the application from a student for migration/ transfer to the recognised medical college
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