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Judgment
The appellant has sought transfer from Jawahar Lal Nehru Medical College, Ajmer to SMS Medical College, Jaipur. It is alleged that the appellant is suffering from Chronic, Calcific Pancreatitis disease for which treatment is available only in SMS Medical College, Jaipur and nowhere else in Rajasthan. So far as this aspect is concerned there is some controversy because the concerned Doctor Ramesh Rooprai, who is Unit Head & Associate Professor in SMS Medical College, Jaipur, has given 2 certificates. In latter certificate he has stated that this treatment is available only in SMS Medical College, Jaipur, whereas in the earlier certificate he has not said so.
Be that as it may, our attention has been drawn to the relevant regulations framed by the Medical Council of India under the Indian Medical Council Act, 1956.
According to Regulation 6 of Regulations on Graduate Medical Education, 1997 dealing with migration, migration is not possible during clinical course of study on any ground.
It has been submitted by the learned counsel appearing for respondents that the appellant has already completed Phase-I of the MBBS Course and she is in Phase-II.
According to the Medical Council Regulations, clinical subjects start with Phase-II. Therefore, it appears that the appellant is already pursuing the clinical courses and as per the regulations referred to earlier, migration is not at all permissible on any ground during clinical courses. There is no dispute that these regulations are binding. It is also on record that the Medical Council of India has refused permission regarding transfer of the appellant from JLN Medical College, Ajmer to SMS Medical College, Jaipur. In these circumstances, we are unable to grant any relief to the appellant.