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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.J.NISHA BANU, Mrs.S.SRIMATHY, JJ
Secretary, Annapoorna Medical College And Hospital – Appellant
Versus
Iswarya Us – Respondent
JUDGMENT :
J.NISHA BANU, J.
These writ appeals are filed against the order dated 07.06.2024 made in W.P(MD)No.2267 of 2024.
2. The facts leading to the filing of the writ appeals are as follows:
The 1st respondent in both the appeals/writ petitioner completed MBBS course and obtained her degree in the year 2020. She joined MD (Physiology) in Annapoorna Medical College and Hospital, Salem, in the academic year 2023-2024. According to the writ petitioner, only two seats were sanctioned to Annapoorna Medical College, in which, she joined and another seat is vacant and the college instructed her to pay capitation fee of Rs.10,00,000/-, in addition to the regular course fee. According to the writ petitioner, she paid a sum of Rs.5,00,000/- and was unable to pay the balance amount. Finding that because of non payment of balance capitation fee, she was not permitted to attend the classes, the writ petitioner sought migration to Sree Mookambika Institute of Medical Sciences/4th respondent in both the appeals and the Annapoorna Medical College replied that if the writ petitioner is ready to pay Rs.30 Lakhs towards three years course fee including capitation, they would give willingness for her
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....
Compliance with MCI regulations, including the eligibility criteria for migration, is essential for seeking transfer in medical education.
Migration is not a vested right and can only be granted upon valid reasons being shown, as per the relevant rules and previous judgments.
Migration between colleges requires valid reasons and adherence to procedural rules; a delay in application submission cannot be justified without substantial grounds.
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.
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