High CourtsDivision Bench(2023) 03 KL CK 0176

Dr.Lincy Raj.C vs Director, National Medical Commission, Pocket-14, Sector 8, Dwaraka Phase 1,New Delhi 110077

High Court Of Kerala · Decided on 17 March 2023

HON’BLE JUDGES
A.Muhamed Mustaque J · Shoba Annamma Eapen, J
RESULT
Disposed Of
CASE NUMBER
Writ Appeal No. 585 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 185 words

A.Muhamed Mustaque, J.

1.

The petitioner has been allotted a seat in “MD Bio-Chemistry” in the OBC category under all India merit quota in Karvar Institute of Medical Sciences, Karnataka. Based on a mop-up option exercised by her on 04.11.2022, she was allotted the seat on 18.11.2022. By the time another vacancy arose in the Government Medical College, Kottayam, as per judgment of this Court. That vacancy has been notified only on 11.11.2022. That seat now remains vacant, no one is having any claim for such seat.

2.

The learned Single Judge dismissed the writ petition noting that the Medical Council of India Post Graduate Medical Education Regulation, 2000 which says that no migration shall be permitted by any University/Authority for the student undergoing any post-graduate Decree/Diploma/Super Speciality course.

The petitioner is a married woman having 9 month old breastfeeding child. Treating it as an exceptional case and on humanitarian grounds, the first respondent shall consider whether she can be permitted to be migrated or not. Appropriate decision shall be taken within a period of two weeks.

The writ appeal is disposed of as above.