Petitioner, a medical student, challenged the Kerala University of Health Sciences' refusal to issue a no obstruction certificate required for inter-college transfer. The court held that no legal right exists to compel the university to grant such a certificate absent a defined transfer system.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 20TH DAY OF SEPTEMBER 2016/29TH BHADRA, 1938
WP(C).No. 30532 of 2016 (N)
PETITIONER:
NANDHITHA, AGED 18 YEARS, D/O.DR.SANTHOSH KUMAR M.N., SRI SAILAM, PARK LANE, K.K ROAD, KOTTAYAM, PIN- 686 001.
BY ADVS.SRI.P.SANKARANKUTTY NAIR
SRI.P.R.JAYAKRISHNAN SRI.SHANKAR V. SRI. VENU MENON
RESPONDENT(S):
1. MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS CHAIRMAN, POCKET 14, PHASE-I, SECTOR 8, DWARAKA, NEW DELHI- PIN- 110077.
2. KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., TRICHUR- 680 596.
3. GOVERNMENT MEDICAL COLLEGE, TRICHUR, REPRESENTED BY ITS PRINCIPAL, MEDICAL COLLEGE P.O., TRICHUR- 680 596.
4. HASSAN INSTITUTE OF MEDICAL SCIENCES, REPRESENTED BY ITS DIRECTOR, CHAMARAJESHWARA HOSPITAL CAMPUS, COLLEGE P.O.,KARNATAKA- 573 201.
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH BLOCK, JAYANAGAR, BANGALORE, KARNATAKA, PIN- 560041, REPRESENTED BY ITS REGISTRAR.
R1 BY SRI.TITUS MANI VETTOM, SC R2 BY ADV. SRI.P.SREEKUMAR, SC R3 BY GOVERNMENT PLEADER SMT.RAJI T.BHASKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 30532 of 2016 (N)
APPENDIX
| PETITIONER(S)' | EXHIBITS: |
|---|---|
| -------------- | --------- |
| EXT. P1 : | TRUE COPY OF THE ADMISSION LETTER DATED 12.9.2015 ROUND NO.3. |
| EXT. P2 : | TRUE COPY OF THE COMPUTER PRINT OUT OF THE MARK SHEET OF THE PETITIONER FOR THE FIRST YEAR M.B.B.S. |
| EXT. P3 : | TRUE COPY OF THE RELEVANT EXTRACT OF THE REGULATIONS OF THE 1ST RESPONDENT |
| EXT. P4 : | COPY OF THE LETTER NO. B1-2853/2015 /MCTCR DATED 6.9.2016 ISSUED BY THE SECOND RESPONDENT. |
| EXT. P5 : | TRUE COPY OF THE GUIDELINES ISSUED BY THE 2ND RESPONDENT DATED 17.7.2013 NO.AC. B/TRANSFER/2013/KUHS. |
| EXT. P6 : | TRUE COPY OF THE LETTER DATED 6.9.2016. |
| EXT. P7 : | TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.B1/2853/2015/MCTCR ISSUED BY THE 3RD RESPONDENT DATED 9.9.2016. |
| EXT. P8 : | TRUE COPY OF THE MEDICAL CERTIFICATE OF THE MEDICAL BOARD DATED 27.8.2016. |
RESPONDENT(S)' EXHIBITS: NIL -----------------------
//TRUE COPY//
P.S. TO JUDGE
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A.M.SHAFFIQUE, J.
------------------------------------ W.P.(C) No.30532 of 2016
Dated this the 20th day of September, 2016
J U D G M E N T
The petitioner has approached this Court inter alia seeking for a direction to the Kerala University of Health Sciences to issue a no objection certificate to the petitioner for applying for migration to the Medical Council of India.
“6(4) For the purpose of migration an applicant candidate shall first obtain “No Objection Certificate” from the college where he is studying for the present and the university to which that college is affiliated and also from the college to which the migration is sought and the university to it that college is affiliated. He/She shall submit his application for migration within a period of 1 month of passing (Declaration of result of the 1st Professional MBBS examination) alongwith the above cited four “No Objection Certificate” to: (a) the
W.P.(C) No.30532 of 2016
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Director of Medical Education of the State, if migration is sought from one college to another within the same State or (b) the Medical Council of India, if the migration is sought from one college to another located outside the State.”
W.P.(C) No.30532 of 2016
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Council of India would consider the inter collegiate transfers. Insofar as no such application has been received with the particulars, the Medical Council of India does not come into the picture at all.
Under such circumstances, I don't think that the petitioner is entitled for any relief in the writ petition. This writ petition is, therefore, dismissed.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV
3 issues framed by the court
Whether the petitioner has a legal right to demand a no objection certificate from the university for inter-college transfer.
Whether the court can direct the university to issue a no objection certificate for migration.
Whether the Medical Council of India can consider migration applications without the required no objection certificates.
1 provisions across 1 enactments
Nandhitha
Medical Council of India
Kerala University of Health Sciences
Government Medical College, Trichur
Hassan Institute of Medical Sciences
Rajiv Gandhi University of Health Sciences
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
