Migration of MBBS Student from unrecognized college to recognized one not permitted: SC

The migration of a student pursuing an undergraduate medical course is permissible only if both the colleges are recognized by the Central Government under section 11(2) of the Indian Medical Council Act.

MBBS Admission 2021: Migration of MBBS students is permissible only if both the medical colleges are recognized by the Central Government under the law, the Supreme Court said. The verdict of the Rajasthan High Court directing the Medical Council of India (MCI) to permit migration of a student of MBBS course from an unrecognized medical college to a recognized one was set aside by a Bench comprising justices L Nageswara Rao and Indira Banerjee.

Commenting on the verdict the Bench stated, “The interpretation of the Regulation 6(2) (of the Migration Rules) by the High Court is patently erroneous. The Regulation clearly lays down a restriction of migration from an unrecognized college to a recognized college. Regulation 6(2) provides that migration is permissible only if both the Colleges are recognized u/s 11(2) of the Indian Medical Council Act, 1956.”

Stating that one cannot use the term ‘Migration’ in an out of context manner without referring to the Regulation which clearly provides that both colleges should be recognized u/s 11(2) of the Act, the apex court said, “admittedly, the college in which the first respondent is studying is yet to be recognized u/s 11(2) of the Act. Migration cannot be permitted contrary to the Regulations”

The bench was hearing the MCI's challenge to the Rajasthan High Court judgment of September 2020 allowing the migration of student Anchal Parihar. Parihar was studying at Ananta Institute of Medical Sciences and Research Centre, Rajsamand and she had requested the Board of Governors to permit her migration to Dr S N Medical College, Jodhpur in 2019.

MCI declined the request stating that the migration rule does not permit the same. MCI, in its appeal, said the high court had committed an error in interpreting the regulation as the migration of a student pursuing an undergraduate medical course is permissible only if both the colleges are recognized by the Central Government under section 11(2) of the Indian Medical Council Act.

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