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High Court of KeralaWP(C)/34911/2015disposed of

Gopika S.Menon v. Union Of India

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 34911 of 2015 (L) ---------------------------- PETITIONER :

---------------------- GOPIKA S. MENON, AGED 19 YEARS D/O.SANKARANKUTTY M.P., POLICE QUARTERS, NO.18 LALOOR, P.O. ELTHURATH, THRISSUR-680611.

BY ADVS.SRI.RAJIT SMT.V.VIJITHA RESPONDENT(S) :

----------------------------

1. UNION OF INDIA REPRESENTED BY MINISTRY OF HEALTH & FAMILY WELFARE NEW DELHI - 110 001.

2. MEDICAL COUNSELING COMMITTEE (MCC) DIRECTORATE GENERAL OF HEALTH SERVICE MINISTRY OF HEALTH & FAMILY WELFARE, NEW DELHI-110 001.

3. DIRECTORATE OF MEDICAL EDUCATION MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 001.

4. THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 682 035.

5. THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, THRISSUR- 680 001.

R1 BY ADVS. SRI.N.NAGARESH, ASST. S.G. OF INDIA SMT.MAHESWARY G., CGC R3 TO R5 BY GOVT. PLEADER SRI. ROSHEN D. ALEXANDER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 34911 of 2015 (L) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1:

PROVISIONAL ALLOTMENT LETTER DATED 09.09.2015 ISSUED TO THE PETITIONER.

EXHIBIT-P2:

ADMISSION LETTER ISSUED TO THE PETITIONER.

EXHIBIT-P3:

APPLICATION SENT BY THE PETITIONER TO 5TH RESPONDENT COLLEGE.

EXHIBIT-P4:

LETTER SENT BY THE PETITIONER TO 4TH RESPONDENT COLLEGE. EXHIBIT-P5:

TRUE COPY OF THE JUDGMENT IN WPC.NO.30931/2015. EXHIBIT-P6:

TRUE COPY OF THE LETTER DATED 04.11.2015.

RESPONDENT(S)' EXHIBITS :

---------------------------------------------- EXT. R3(a) COPY OF THE UNIVERSITY ORDER DATED 17.7.2013. EXT. R3(b) COPY OF REGULATION 6 AS AMENDED FROM TIME TO TIME OF THE MCI REGULATIONS OF GRADUATE MEDICAL EDUCATION, 1997 ISSUED BY THE MEDICAL COUNCIL OF INDIA.

//TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.34911/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd Day of December, 2015

J U D G M E N T

The petitioner is an MBBS student undergoing studies at the Government Medical College, Ernakulam pursuant to the third allotment. She seeks for a transfer to the Government Medical College, Thrissur.

2. The third respondent has filed a counter affidavit. The learned Government Pleader relies on Ext.R3(b) amended regulations of the Medical Council of India on Graduate Medical Education, 1997 (amended upto February 2012) wherein, sub clause 3 of clause 6 "Migration" reads as follows: "3.

The applicant candidate shall be eligible to apply for migration only after qualifying in the first professional MBBS examination. Migration during clinical course of study shall not be allowed on any ground."

3.

In the light of the above, the petitioner can seek transfer only after one year. Therefore, if the petitioner files an

W.P.(C).No.34911/2015 -:2:- application after first year as above, she shall be considered in the vacancy available in Government Medical College, Thrissur. The writ petition is disposed of, as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms