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2021 Supreme(SC) 739

L.NAGESWARA RAO, INDIRA BANERJEE
MEDICAL COUNCIL OF INDIA – Appellant
Versus
ANCHAL PARIHAR – Respondent


ORDER :

Leave granted.

1. Respondent No. 1 was admitted to first MBBS Course in Ananta Institute of Medical Sciences & Research Centre, Rajsamand. She requested the Board of Governors in supersession of Medical Council of India to permit migration to Dr. S. N. Medical College, Jodhpur by a letter dated 26.08.2019. She relied upon the certificates issued by Ananta Institute of Medical Sciences & Research Centre, Rajsamand and the Principal of Dr. S. N. Medical College Jodhpur whereby they gave no objection for the migration. However, the Board of Governors in supersession of Medical Council of India rejected the request for migration by a proceeding dated 25.10.2019 on the ground that it is not permissible under clause 6(2) of the Migration Rules.

2. The proceeding dated 25.10.2019 was communicated to the first respondent by the Director of Medical Education on 07.11.2019.

3. Respondent no.1 filed a Writ Petition in the High court of Judicature for Rajasthan at Jodhpur challenging the validity of the proceeding dated 25.10.2019 and seeking a direction to the respondent to permit a transfer from Ananta Institute to Dr. SN Medical College, Jodhpur. By a Judgment dated 09.01.2020, the lear

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