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R. SUBRAMANIAN
S. Sonali Pai – Appellant
Versus
Bharath Institute of Higher Education and Research, Chennai – Respondent
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 / transfe
Compliance with MCI regulations, including the eligibility criteria for migration, is essential for seeking transfer in medical education.
The right to education is fundamental, and migration of medical students can be permitted under the doctrine of necessity despite regulatory prohibitions.
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....
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....
Withholding original academic qualification certificates by the college is impermissible in law.
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