The court emphasized that migration on compassionate grounds should not impose an additional financial burden on the student.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the 1st respondent to consider the representations made on 05.02.2022 on behalf of the petitioner and grant a No Objection Certificate to the petitioner in terms of Regulation 6 of the Regulations on Graduate Medical Education, 1997.)

1. The petitioner seeks a writ of mandamus directing the 1st respondent to consider her representation dated 05.02.2022 and grant No Objection Certificate for migration in terms of Regulation 6 of the Regulations of Graduate Medical Education, 1997.

2. The petitioner on being successful in NEET examination held in the year 2021, joined first year MBBS in the 1st respondent College. She has also cleared her first professional MBBS examinations with a good percentage of marks. Unfortunately the petitioner's father who was a sole bread winner of the family died on 12.05.2021. Finding that she and her mother were under severe emotional stress and they require the company of each other, the petitioner on 06.06.2021 made a request to the College viz., 1st respondent for issuance of No Objection Certificate for migration / transfer on compassionate grounds to a College in Bangalore. It is the further case of the petitioner that it would be financially difficult for her to sustain herself at Chennai. There was no response from the 1st respondent for the said request.

3. After completion of the first year MBBS course, the petitioner again made a representation through her mother seeking No Objection Certificate on compassionate grounds. The petitioner was orally informed that No Objection Certificate would be issued subject to payment of entire course fee for the MBBS course. Upon such response, the petitioner's mother on 18.02.2022 addressed the 2nd respondent seeking its intervention in this matter.

4. The 2nd respondent on 23.03.2022 sought for the comments of the 1st respondent on the request of the petitioner. Two reminders were sent on 30.03.2022 and 06.04.2022. Since there was no response despite reminders, the petitioner has come up with the above writ petition seeking a writ of mandamus. The petitioner would also claim that there is extreme urgency since the Regulations do not permit migration after the commencement of the classes of clinical subjects.

5. Upon notice Mr.PL.Narayanan, learned counsel appears for the 1st respondent and Ms.Shubaranjani Ananth, learned counsel appears for the 2nd respondent.

6. The learned counsel for the 2nd respondent would submit that though migration is permissible under the Regulation on the candidate satisfying the requirement of Regulation 6, the 2nd respondent viz., National Medical Commission does not play any role in either fixation or payment of the fee. It is left to the discretion of the individual College.

7. The 1st respondent has filed a counter. While conceding that migration is permissible it would contend that the Regulation itself permit the State / University/ Institution to frame appropriate guidelines for grant of No Objection Certificate for migration to the student subject to the Regulations of the National Medical Commission.

8. Therefore, according to the 1st respondent Institution, its prospectus very clearly states that a student can withdraw from the course only on payment of the entire fees for the course duration. Reliance is places on the MBBS admission guidelines issued by the 1st respondent to justify the demand for fee. The demand is also sought to be justified on the ground that the seat will remain vacant for the entire duration of the course and the Institution will be deprived of the income there from, apart from another meritorious student being denied opportunity.

9. Mr.V.Raghavachari, learned counsel appearing for the petitioner would vehemently contend that the claim made by the 1st respondent is unjust and when the Regulations of the National Medical Commission/ 2nd respondent provide for migration str