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 regulations retrospectively.

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 the same into effect from the said date.

3. At the out set, we may record that there is no prayer in the writ petition to challenge the validity of the GMER, 2023 framed by the National Medical Commission enforced w.e.f. 02.06.2023. The reliefs as prayed by the petitioners in the writ petition, are relevant to be noted hereinunder :-

“B. Your Lordships be further pleased issue a writ of OR a Writ in Nature of Mandamus to adjudge and declare that Rule 18 of the Graduate Medical Education Regulations, 2023 as enforced by the respondent No.3 herein, is not applicable to the present petitioners retrospectively;

C. Your Lordships be further pleased to issue a writ of OR a writ in nature of Mandamus, directing the Respondent No.1 and 2 herein to consider the case of the present petitioners for Migration in accordance with the GMER, 1997 and further in accordance with the Government Resolutions dated 24.07.1997, 26.02.2009, 11.12.2014 and 15.08.2016;

D. Your Lordships be further pleased to direct the Respondent No.1 and 2 herein that the case of the petitioners be considered within a reasonable period of time as may be permitted by this Hon’ble Court.”

4. This means that the prayer made in the writ petition is to hold the Regulations, 2023 not being applicable to the petitioners and to consider their cases for migration in accordance with the GMER, 1997 and the Government Resolutions issued from time to time.

5. The petitioners, nine in number, have secured admission in the MBBS course in the year 2022. The contention of the petitioners before the writ court was that their admissions in the MBBS course would be governed by the GMER, 1997, inasmuch as, at the time when the admission process started, it was announced that the entire admission process would be governed for the complete term pursuant to the GMER, 1997. No other regulations were in force at the relevant point of time, which can be made applicable to the petitioners. Upon clearing the first year of MBBS examinations in the year 2023, the petitioners had applied for migration, however, in view of the introduction o