The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the court for it to have the authority to decide the case on merits.

JUDGMENT :

Manindra Mohan Shrivastava, J.

1. Present intra-court appeal seeks to assail legality and validity of order dated 18.10.2022 passed by the learned Single Judge, whereby, appellant’s prayer for issuance of direction to the respondents to allow the appellant to complete her compulsory rotating internship from any medical college in Jaipur, has been rejected and writ petition filed by the appellant has been dismissed.

2. Facts of the case:

2.1 Quint essential facts relevant for adjudication of the controversy involved in this appeal are that the appellant appeared in NEET UG 2016 Examination and having secured requisite merit and rank, was admitted in Sri Devaraj Urs Medical College, Kolar, Karnataka. Thereafter, the appellant, having completed her final year of MBBS course, was required to undergo one year compulsory rotating internship. The appellant ever since her admission in the medical college at Kolar, Karnataka was suffering from disease known as “Idiopathic Thrombocytopenic Purpura” and was undergoing treatment in the same medical college where she was pursuing her MBBS course. Later on, as is pleaded, appellant’s medical condition deteriorated resulting in complications and increase in bleeding tendency. Finding it difficult to receive treatment and at the same time pursue her internship at the medical college from where the appellant had completed her MBBS course, the appellant requested for allowing her to undergo compulsory rotating internship from any medical college at Jaipur where her family was residing so that she may receive proper treatment. However, request of the appellant was turned down vide order dated 11.01.2022 which led to filing of writ petition by the appellant.

2.2 The action of the respondents in rejecting appellant’s prayer to allow her to complete her internship in a medical college at Jaipur was challenged mainly on the ground that at the time of coming into force the National Medical Commission Act, 2019 (hereinafter referred to as ‘the Act of 2019’), the appellant was undertaking her medical course and at that time, a different provision as provided under the Graduate Medical Regulations, 1997 with regard to internship was in force which allowed the students to complete their compulsory rotating internship of one year at any recognised medical college and hospital in India. Therefore, even though, subsequently after coming into force the Act of 2019 and new regulations providing for compulsory rotating internship in the same college where the student had undergone MBBS course, the same had no application in view of saving clause as provided under Section 49 of the Act of 2019. Otherwise also, the appellant was not keeping good health and, therefore, nothing prevented Respondent No. 1-National Medical Commission to provide appropriate relaxation to the appellant to undergo her compulsory internship in any medical college at Jaipur.

2.3 Respondent No.1-National Medical Commission opposed the prayer of the appellant by taking stand that the applicable provision contained in the regulations in force on the day when the appellant had completed her MBBS course mandated that the student would be required to undertake his/her compulsory internship only in the college where he/she studied and, therefore, the appellant was not entitled to any relief.

The learned Single Judge was of the view that on the face of the provisions contained in the relevant regulations, the appellant was bound under the law to complete her internship only in the medical college where she had undertaken MBBS course and dismissed the writ petition filed by the appellant vide impugned order dated 18.10.2022.

3. Submissions on behalf of the appellant:

3.1 Mr. R.N. Mathur, learned Senior Counsel appearing on behalf of the appellant argued that the provisions contained in Section 49 of the Act of 2019 clearly provided that notwithstanding anything contained in the Act, any student who was studying for a degree, diploma/certificate