Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, PRANAV TRIVEDI
National Medical Council – Appellant
Versus
Jana Jhanvi Venukumar – Respondent
| Table of Content |
|---|
| 1. introduction of the case and regulatory framework. (Para 1 , 2) |
| 2. petitioners' requested reliefs related to migration. (Para 3 , 4) |
| 3. contentions regarding prior admissions under gmer, 1997. (Para 5 , 6) |
| 4. court's consideration of legitimate expectation principle. (Para 7 , 8) |
| 5. arguments on applicability of gmer, 2023. (Para 9 , 10) |
| 6. discussion on migration regulations and students' rights. (Para 11 , 12 , 13 , 14) |
| 7. clarification on the nature of migration claims. (Para 15 , 16 , 17) |
| 8. conclusion on erroneous claims based on legitimate expectation. (Para 18 , 19) |
| 9. final notes on the impact of granting migration. (Para 20 , 21) |
| 10. final judgment and order. (Para 22 , 23) |
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 befo
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
