MBBS Transfer to another Medical College cannot be taken as a matter of right: Bombay HC

Mumbai: Dismissing a petition of a Government Medical College, Miraj's student's transfer to Parel based KEM Medical College the Bombay High Court in its verdict observed that student transfer from one college to another can never be taken as a ‘matter of right’. The student Mahin Bhatt, who asked for the transfer was a student of Government Medical College, Miraj, Maharashtra He claimed to be suffering from a major depression disorder and psoriasis, and hence sought a transfer to KEM Hospital and Medical College.

A division bench of Justice Satyaranjan Dharmadhikari and Justice Bharati Dangre said, “We are of the opinion that the students cannot seek a transfer as of right.”

According to Justice Dharmadhikari “The whole process is dependent upon several factors including taking care of and avoiding a situation, where those not desirous of attending Government Medical Colleges situated beyond major cities and towns, end up making applications for migration of transfer on flimsy grounds,”

On hearing the submissions, Justice Dharmadhikari said, “Migration of student from one medical college to another medical college may be granted on any genuine ground subject to the availability of vacancy in the college where migration is sought and fulfilling the other requirements laid down in the rules.”

The judges noted the procedures related to granting of admissions and also rules therein, had to be followed. The bench accordingly stated that the decision of the authorities, namely the Maharashtra University of Health Sciences and the Director of Medical Education and Research (DMER) stood final.

Justice Dharmadhikari further observed that “The decision of the authorities cannot be said to be lacking in bona-fides or termed as perverse, enabling interfere from this Court. In such matters, the decision to permit transfer or migration midcourse is best left to the authorities uncharged of medical education. We have to respect their decision, ” reported FPJ.

Medical Dialogues had earlier reported that in another directive the Bombay High Court has instructed that the Medical Council of India(MCI) grant a first-year MBBS student of Maharashtra, transfer to the 2^nd 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.

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