Bombay HC suggests NMC frame guidelines explaining genuine grounds for MBBS Migration
Nagpur: The Nagpur bench of Bombay High court has recently held that medical students can seek transfer from one college to another only on ' Genuine ground' or in cases of serious disability. With this, the court has stated that as the MCI did not clarify the grounds, each state government, university, or institution should be entitled to frame guidelines for grant of NOC or migration.
The court has further suggested the erstwhile Medical Council of India, MCI (now National Medical Commission NMC) to frame guidelines explaining the 'genuine grounds' under which transfer could be granted to the medicos.
in the absence of defining the expression "genuine ground", by the MCI, in its Regulations, it would become open and permissible, for the DMER/State to frame and lay down guidelines, defining the parameters of the expression "genuine ground".
that neither the Regulations as framed by MCI nor the guidelines framed by the DMER/State, as indicated in the brochure, grant any authority or power to the respondents to make any exception to what is stated in clause (4) of Regulation 6 of the MCI and therefore, no exception can be made out for the petitioner.
"the reason given by the petitioner, seeking migration, falls within the expression "genuine grounds" or not, is clearly rendered otiose. The writ petition therefore is clearly without any merits and is dismissed accordingly."
each State Government/University/Institution, would be entitled to frame guidelines for grant of NOC or migration, subject to the provisions of the Regulations. This would automatically lead to different guidelines, being framed by different State Governments/Universities/Institutions, thereby leading to lack of uniformity in the policy of migration. It would thus be proper, if the MCI defines and sets the parameters or criteria of the expression "genuine grounds" as occurring in MCI Regulation 6 (1), so as to have a uniformity for its application throughout the country, which would not only avoid contrary meanings, but would also save the students from the vagaries of litigation and the time spent, due to pursuing them, which could be beneficially spent in the pursuit of the profession for which they are preparing themselves. We hope that appropriate steps would be taken in this regard by the MCI as soon as possible.