Ragged at UP Medical college: Delhi HC allows Migration to MBBS student to Sharda University
New Delhi: In its recent verdict, the Delhi High court has given major relief to an MBBS student by allowing him migration to Sharda University considering the trauma he went through after being subjected to ragging at UP based Rama medical college in his first year.
The bench of Justice Rajiv Shakdher conveyed the order favouring the MBBS student’s transfer to the Uttar Pradesh Directorate General of Medical Education (UP DGME).
Via the petition, the MBBS student prayed for a transfer to another medical college stating that he is traumatised by the ragging experienced by him in Rama Medical College Hospital and Research Centre, Kanpur
The MBBS student was enrolled into the medical college in the year 2018. He allegedly faced ragging by his seniors which eventually left a deep impact on him and he faced trauma.
Aggrieved by the ragging, the medico filed a complaint with the medical college administration. Upon receipt of the complaint, the institute directed the delinquent students to vacate the hostel. The student averred that no further action was taken by RMC on the complaint filed.
Given that position, the father of the petitioner MBBS student sought relief by the Medical Council of India (MCI). In this complaint, demand was also made for refund of advance fee pertaining to 2 nd year which was deposited in and about February 2019.
Afterwards, the medical college woke up to the gravity of the situation and filed a complaint with Police Station, Bithur, District - Kanpur (Urban), Uttar Pradesh.
Based on the complaint, the matter was escalated by the petitioners by making representation with the Director, AIIMS.
In response, the medical college stated that it would have no objection to him migrating to another university.
The court was informed that the School of Medical Sciences and Research & Sharda Hospital (Sharda University) issued a No Objection Certificate (NOC) in favour of the MBBS student. Via this communication, it was conveyed to the medico that he could be admitted to the Sharda University against a vacant seat forming part of the 2017 batch provided requisite permission was granted in that behalf by the Board of Governors, MCI, UP DGME and the Rama medical college.
In this respect, the Board of Directors, MCI, communicated to DGME that even though the student had not completed his first year of the MBBS course, to which he was admitted in Rama medical college, it had decided to relax the condition. Accordingly, the Board of Governors, MCI referred the matter to UP DGME for appropriate action as per rules, since the aspect of migration fell within the domain of the State.
Upon notice being issued in the matter, a counter affidavit was filed by the DGME.
Further, in the case, the UP DGME issued an order mentioning that there are two medical colleges where the student could be migrated.
The UP DGME representative submitted to the court that given the difficult traumatic circumstances through which the MBBS student passed through, the most appropriate recourse would be that he should be allowed to migrate to Sharda University and be admitted in the said university in the academic session 2019-20.
The one-seat against which MBBS medico can be admitted relates to academic session 2017-18, his admission will relate to the said seat though for academic session 2019-2020.
Observing all the submissions and stances of medical colleges as well as the MBBS student, the Delhi HC bench disposed off the petition and stated:
The bench further directed the order to be conveyed to the Additional Director, UP DGME to the Sharda University. Needless to add, the student will carry out the requisite formalities for gaining admission.
Attached is the detailed judgment below:
The bench of Justice Rajiv Shakdher conveyed the order favouring the MBBS student’s transfer to the Uttar Pradesh Directorate General of Medical Education (UP DGME).
Via the petition, the MBBS student prayed for a transfer to another medical college stating that he is traumatised by the ragging experienced by him in Rama Medical College Hospital and Research Centre, Kanpur
The MBBS student was enrolled into the medical college in the year 2018. He allegedly faced ragging by his seniors which eventually left a deep impact on him and he faced trauma.
Aggrieved by the ragging, the medico filed a complaint with the medical college administration. Upon receipt of the complaint, the institute directed the delinquent students to vacate the hostel. The student averred that no further action was taken by RMC on the complaint filed.
Given that position, the father of the petitioner MBBS student sought relief by the Medical Council of India (MCI). In this complaint, demand was also made for refund of advance fee pertaining to 2 nd year which was deposited in and about February 2019.
Afterwards, the medical college woke up to the gravity of the situation and filed a complaint with Police Station, Bithur, District - Kanpur (Urban), Uttar Pradesh.
Based on the complaint, the matter was escalated by the petitioners by making representation with the Director, AIIMS.
In response, the medical college stated that it would have no objection to him migrating to another university.
The court was informed that the School of Medical Sciences and Research & Sharda Hospital (Sharda University) issued a No Objection Certificate (NOC) in favour of the MBBS student. Via this communication, it was conveyed to the medico that he could be admitted to the Sharda University against a vacant seat forming part of the 2017 batch provided requisite permission was granted in that behalf by the Board of Governors, MCI, UP DGME and the Rama medical college.
In this respect, the Board of Directors, MCI, communicated to DGME that even though the student had not completed his first year of the MBBS course, to which he was admitted in Rama medical college, it had decided to relax the condition. Accordingly, the Board of Governors, MCI referred the matter to UP DGME for appropriate action as per rules, since the aspect of migration fell within the domain of the State.
Upon notice being issued in the matter, a counter affidavit was filed by the DGME.
Further, in the case, the UP DGME issued an order mentioning that there are two medical colleges where the student could be migrated.
The UP DGME representative submitted to the court that given the difficult traumatic circumstances through which the MBBS student passed through, the most appropriate recourse would be that he should be allowed to migrate to Sharda University and be admitted in the said university in the academic session 2019-20.
The one-seat against which MBBS medico can be admitted relates to academic session 2017-18, his admission will relate to the said seat though for academic session 2019-2020.
Observing all the submissions and stances of medical colleges as well as the MBBS student, the Delhi HC bench disposed off the petition and stated:
Since there is no dispute that student was subjected to ragging which caused him and his family immense trauma, I am of the view that it would in the best interest of him who is a young student that he be given admission in the Sharda University in the academic session 2019-20.
Since the seat against which admission will be given to student relates to academic session 2017-18, this direction, as indicated above, is issued only to protects the student from the trauma of ragging.
The bench further directed the order to be conveyed to the Additional Director, UP DGME to the Sharda University. Needless to add, the student will carry out the requisite formalities for gaining admission.
Attached is the detailed judgment below:
Our comments section is governed by our Comments Policy . By posting comments at Medical Dialogues you automatically agree with our Comments Policy , Terms And Conditions and Privacy Policy .
Disclaimer: This site is primarily intended for healthcare professionals. Any content/information on this website does not replace the advice of medical and/or health professionals and should not be construed as medical/diagnostic advice/endorsement or prescription. Use of this site is subject to our terms of use, privacy policy, advertisement policy. © 2020 Minerva Medical Treatment Pvt Ltd