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HC directs MCI for transfer MBBS student to private medical college

HC directs MCI for transfer MBBS student to private medical college

Mumbai: In a directive to the apex education regulator, the Bombay High Court has instructed that the Medical Council of India(MCI) grant a first year MBBS student of Maharashtra, transfer to the 2nd year at a private medical college of the state. The permission of transfer has been granted by the court, as the student has already been given NOCs from the authorities in Karnataka. The bench urged the Council to refrain from denying the student transfer permission on the basis of her having applied late.

A division bench of Justices B P Colabawalla and B R Gavai was responding to a writ petition filed by a first-year MBBS student of Navodaya College, Raichur seeking that MCI be given a directive to consider her application for transfer to a private medical college.

Senior advocate, AV Anturkar who appeared for the student argued that as the private medical college had a vacancy in the second year and was willing to accommodate the petitioner, the Council should allow the transfer. Anturkar further informed the court of all NOC having been granted to the student from the various state authorities

When the private medical college’s advocate confirmed that the college had consented to take in the student in its 2nd year, the bench said that it was quite late for the transfer, since approval for transfers by the MCI had been completed last month. However, the court observed, since the transfer was in the interest of the student’s career, the MCI ought to consider the application. The court directed the student to apply for Council permission, immediately.  It further ordered the MCI to decide on the application within a period of one week and put the matter up for hearing on January 12, 2018.

MBBS students transfers are allowed only after the first year and are merit-based and sanctioned by the Council alone. While Colleges submit the list of vacant seats, applicants are allotted these seats on the basis of merit. In this case, as the process was carried out in December by the Council, and the student was applying for a late transfer, she had to file a writ petition, reports the Asian Age.

Source: with inputs
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  1. What happened to NMC

  2. This is a great decision in favour of the students . However the government feels must be considered not the private. This is because the student has got the government seat on merit and that merit permits him for lower fees than the one levied by the private colleges . If this happened then only we can consider that this is in favour of the student.