The court held that the 5% annual migration limit applies only to the receiving medical college. Consequently, the respondent authorities were directed to consider the petitioner's transfer application, and earlier interim relief was vacated.
Petitioner directed to be considered for transfer; interim relief vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9405 OF 2010
Shri Sahil Sanjay Mehta ... Petitioner Versus Director, Medical Education & Research, Mumbai and others. ... Respondents
Mr. A.A. Kumbhakoni i/by Mr. Amit Borkar for the petitioner. Ms. Simran Pure for respondent No.3.
Mr. V.D. Patil, Government Pleader for respondent Nos.1 and 2.
CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA , J. Wednesday, December 08, 2010
P.C.
Ms. Simran Puri, learned standing counsel for Medical Council of India states that the limit of 5% of sanctioned intake of the medical college in one year stipulated in the Regulations of Medical Council of India on Migration/Transfer of Students read with notification dated 20th October, 2008 applies only to the receiving college to which the students are being transferred.
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Parties to act on the ordinary copy of this order duly authenticated by Court Associate.
CHIEF JUSTICE
S.J. KATHAWALLA, J.
1 issue framed by the court
Whether the petitioner is entitled to transfer to another medical college under the prescribed migration regulations.
Shri Sahil Sanjay Mehta
Director, Medical Education & Research, Mumbai
Medical Council of India
Mohit S. Shah
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
