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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, PRANAV TRIVEDI
National Medical Council – Appellant
Versus
Jana Jhanvi Venukumar – Respondent
JUDGMENT :
SUNITA AGARWAL, CJ.
1. This intra-court appeal is directed against the judgment and order dated 16.12.2024 passed by the learned single Judge allowing the writ petition filed by nine medical students jointly praying for a direction to consider their cases for migration in light of the GMER, 1997 (Graduate Medical Education Regulations, 1997), as amended in the year 2008 and for holding that the GMER, 2023 is not applicable to the them/the petitioners retrospectively. The appellant before us is the National Medical Council (Commission), an apex body, in charge of regulating the medical education.
2. The Graduate Medical Education Regulations, 1997 framed by the National Medical Commission governs the admission process in the State, which is conducted by the Admission Committee for Professional Under-Graduate and Post-Graduate Medical Education Courses. The short issue for consideration before us is as to whether the learned single Judge Judge has committed an error of law in relying on the unamended Medical Regulations of 1997 and the amendment of 2008 holding the field before the GMER, 2023 was introduced and published finally in the Official Gazette on 02.06.2023, bringing
Migration of medical students is not a right, but a discretionary decision of authorities based on existing regulations, and there is no legitimate expectation to claim migration under new regulation....
Compliance with MCI regulations, including the eligibility criteria for migration, is essential for seeking transfer in medical education.
The court declared the blanket ban on migration for medical students with disabilities unreasonable and unconstitutional, emphasizing the individual's rights under the PwD Act, thus mandating reasona....
The right to education is fundamental, and migration of medical students can be permitted under the doctrine of necessity despite regulatory prohibitions.
The MARB has statutory authority under Section 26(1)(f) of the National Medical Commission Act, 2019, to transfer students between medical institutions due to deficiencies in compliance.
The court established that the Medical Council of India Regulations of 1997 did not impose a 9-year limit for MBBS course completion, rendering the notice invalid.
Migration is not a vested right and can only be granted upon valid reasons being shown, as per the relevant rules and previous judgments.
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