Gujarat High Court
National Medical Council vs Jana Jhanvi Venukumar on 2 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025
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Reserved On : 08/05/2025
Pronounced On : 02/07/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 662 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 8729 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting Yes No
✔
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NATIONAL MEDICAL COUNCIL
Versus
JANA JHANVI VENUKUMAR & ORS.
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Appearance:
VIKAS V NAIR(7444) for the Appellant(s) No. 1
HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 10,11
MR MONARCH K PANDYA(11437) for the Respondent(s) No.
1,2,3,4,5,6,7,8,9
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
CAV JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL This intra-court appeal is directed against the judgment and order dated 16.12.2024 passed by the learned single Page 1 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined Judge allowing the writ petition filed by nine medical students jointly praying for a direction to consider their cases for migration in light of the GMER, 1997 (Graduate Medical Education Regulations, 1997), as amended in the year 2008 and for holding that the GMER, 2023 is not applicable to the them/the petitioners retrospectively. The appellant before us is the National Medical Council (Commission), an apex body, in charge of regulating the medical education.
2. The Graduate Medical Education Regulations, 1997 framed by the National Medical Commission governs the admission process in the State, which is conducted by the Admission Committee for Professional Under-Graduate and Post-Graduate Medical Education Courses. The short issue for consideration before us is as to whether the learned single Judge Judge has committed an error of law in relying on the unamended Medical Regulations of 1997 and the amendment of 2008 holding the field before the GMER, 2023 was introduced and published finally in the Official Gazette on 02.06.2023, bringing the same into effect from the said date. Page 2 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025
NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined
3. At the out set, we may record that there is no prayer in the writ petition to challenge the validity of the GMER, 2023 framed by the National Medical Commission enforced w.e.f. 02.06.2023. The reliefs as prayed by the petitioners in the writ petition, are relevant to be noted hereinunder :-
"B. Your Lordships be further pleased issue a writ of OR a Writ in Nature of Mandamus to adjudge and declare that Rule 18 of the Graduate Medical Education Regulations, 2023 as enforced by the respondent No.3 herein, is not applicable to the present petitioners retrospectively; C. Your Lordships be further pleased to issue a writ of OR a writ in nature of Mandamus, directing the Respondent No.1 and 2 herein to consider the case of the present petitioners for Migration in accordance with the GMER, 1997 and further in accordance with the Government Resolutions dated 24.07.1997, 26.02.2009, 11.12.2014 and 15.08.2016; D. Your Lordships be further pleased to direct the Respondent No.1 and 2 herein that the case of the petitioners be considered within a reasonable period of time as may be permitted by this Hon'ble Court;"
4. This means that the prayer made in the writ petition is to hold the Regulations, 2023 not being applicable to the petitioners and to consider their cases for migration in accordance with the GMER, 1997 and the Government Resolutions issued from time to time.
5. The petitioners, nine in number, have secured admission in the MBBS course in the year 2022. The contention of the Page 3 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined petitioners before the writ court was that their admissions in the MBBS course would be governed by the GMER, 1997, inasmuch as, at the time when the admission process started, it was announced that the entire admission process would be governed for the complete term pursuant to the GMER, 1997. No other regulations were in force at the relevant point of time, which can be made applicable to the petitioners. Upon clearing the first year of MBBS examinations in the year 2023, the petitioners had applied for migration, however, in view of the introduction of GMER, 2023 with effect from 02.06.2023, the respondents have granted the benefit of migration to some students considering their cases on 18.08.2023 as per GMER, 1997, but the petitioners though were similarly situated and admitted prior to the enactment of GMER, 2023, have been refused consideration. It was the case of the petitioners before the writ court that GMER, 2023 was applied retrospectively from the date of its publication in the official gazette on 02.06.2023 and since it would not cover the case of the petitioners for migration, restriction over the migration as per the GMER, 2023 will apply to the MBBS batch which would be admitted from 2023 onwards.
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6. The learned single Judge while consider the said prayer has proceeded to apply the principle of legitimate expectation to hold that the Academic Calender 2022-2023 shall commence on 15.11.2022 and public notice dated 12.10.2022 issued by the National Medical Commission, which has framed the guidelines, categorically provided that the medical admissions would be governed by the remaining rules and regulations as per the GMER, 1997. The contents of the public notice dated 12.10.2022 issued by the National Medical Commission (Undergraduate Medical Education Board) has been extracted in the order of the learned single Judge to reach at the conclusion that in view of Clause-iv of the said notice, i.e. "the remaining rules and regulations shall be as per GMER, 1997", the petitioners had expectation that their admissions would be governed by the GMER, 1997. While saying so, the learned single Judge has proceeded to discuss the decisions of the Apex Court on the principle of legitimacy of the expectation and that the denial of legitimate expectation lead to violation of Article 14.
7. It was concluded that the determination of substantive legitimate expectation can be successfully invoked by the Page 5 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined individuals to claim substantive benefits or entitlements based on an existing promise or practice of a public authority. It was, thus, observed by the learned single Judge that the petitioners while taking admission in the first year MBBS course considered their cases on the basis on the notice dated 12.10.2022 issued by the National Medical Commission, which has specifically mentioned that the admission process shall be governed by the GMER, 1997. The public notice was published alongwith the Academic Calender, hence the petitioners had a legitimate expectation that all throughout during the term of their studies, their cases would be considered and their admission for the entire term would be governed by the GMER, 1997. It was concluded that the petitioners are, thus, right in pressing their claim on the principle of legitimate expectation.
8. The learned single Judge has further recorded that the GMER, 2023 which came into effect on 02.06.2023 attaches disability on the students from being considered for migration and is made applicable to those students who were already pursuing MBBS course prior to the enforcement of the GMER, 2023. Being a delegated legislation, the disability imposed by it has to be treated prospectively. It was, thus, held that the Page 6 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined GMER, 2023 cannot operate retrospectively and should be given prospective effect.
9. The contention of the respondents is that when the petitioners applied for migration in the year 2024, as GMER, 2023 was in force, the request for migration of the petitioners would have to be considered under the prevalent Regulations GMER, 2023 as on the date of the application, which has been rejected by the learned single judge referring to the public notice dated 12.10.2022 holding that in view of the statement made in the said notice, any application for migration even if made in the year 2024, the same would be governed by the GMER, 1997 and not as per the GMER, 2023. Lastly, the learned single Judge has held that in a case of conflict between the two regulations, the subsequent regulations and the regulations which were in force when the admission process had started, the consideration has to be made in a manner that it may benefit the students.
10. Considering the reasoning given by the learned single Judge to accept the case of the petitioners about the Page 7 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined applicability of the GMER, 2023, we are required to note that the National Medical Commission is a statutory body created under the National Medical Commission Act, 2019. Section 10 read with Section 57 of the National Medical Commission Act, 2019 enumerates the powers of the National Medical Commission. The National Medical Commission Act, 2019 has been enacted with effect from 8th August, 2019 providing for constitution of a National Medical Commission by the Central Government to exercise the powers conferred upon and to perform the functions assigned to, under the Act, 2019. Amongst various powers and functions to be exercised by the National Medical Commission as aligned in Section 10, its functions are (a) to lay down policies for maintaining a high quality and high standard in medical education and make necessary regulations in this behalf; (b) to lay down policies for regulating medical institutions, medical researches and medical professional and make necessary regulations in this behalf. Section 57 of the Act, 2019 confers powers upon the Commission to make regulations regulating the medical education for maintaining its quality and standards and medical institutions, as aligned in Section 10. Section 60 is a repeal and saving clause which provides for the repeal of the Page 8 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined Indian Medical Council Act, 1956 and that the Medical Council of India constituted under sub-section(1) of Section 3 of 1956 Act shall stand dissolved, which means with effect from 08.08.2019, the National Medical Commission came into charge of medical institutions and medical education in the Country.
11. The learned single Judge has noted Clause(b) of sub- section(2) of Section 60 of the Act, 2019 to record that any right, privilege, obligation or liability acquired, accrued or incurred under the Act, 1956 so repealed, shall be continued or enforced as if that Act had not been repealed. By referring to the said provisions, it was noted by the learned single judge that the saving Clause 60 (2)(b) of the Act, 2019 saves the right of the petitioners to be considered for migration by a legislative mandate. It is further noted that the regulations do not envisage any clause which mandates retrospective application of the same to already admitted batches.
12. It is argued by Mr. Vikas Nari, the learned counsel appearing for the appellant-National Medical Council Page 9 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined (Commission) that the learned single judge has misdirected himself by misreading Section 60(2)(b) to hold that the regulations framed in the year 1997 by the previous body will hold the field, inasmuch as, the petitioners were admitted under the said regulations.
13. The submission is that no medical student has a right to seek migration. The right to seek migration does not flow with the admission in a medical college. Even under the 1997 regulations, the migration was not conceived as a right of the medical students. The attention of the Court is invited to the notification dated 4th March, 1997 issued by the Medical Council of India to submit that the question of migration from one institution to another institution, is not a fundamental or statutory right of any medical student. Option was available under the old regulations namely the Under-Graduate Medical Regulations, 1997 to the students in urgent needs. The provision pertaining to migration contained in the regulations and amended Clause 6 of the regulations pertaining to the migration further substituted in terms of the notification dated 20.10.2008 and further substitution in terms of the notification published on 22.12.2008, contained in the notification brought Page 10 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined on record has been placed before us, which are relevant to be noted herein.
"6. Migration (1) Migration from one medical college to other is not a right of a student. However, migration of students from one medical college to another medical college in India may be considered by the Medical Council of India only in exceptional cases on extreme compassionate grounds, provided following criteria are fulfilled. Routine migrations on other grounds shall not be allowed.
(2) Both the colleges, i.e. one at which the student is studying at present and one to which migration is sought, are recognised by the Medical Council of India.
(3) The applicant candidate should have passed first professional MBBS examination.
(4) The applicant candidate submits his application for migration, complete in all respects, to all authorities concerned within a period of one month of passing (declaration of results) the first professional Bachelor of Medicine and Bachelor of Surgery (MBBS) examination.
(5) The applicant candidate must submit an affidavit stating that he/she will pursue 18 months of prescribed study before appearing at IInd professional Bachelor of Medicine and Bachelor of Surgery (MBBS) examination at the transferee medical college, which should be duly certified by the Registrar of the concerned University in which he/she is seeking transfer. The transfer will be applicable only after receipt of the affidavit.
Note 1
(i) Migration during clinical course of study shall not be allowed on any ground.
(ii) All applications for migration shall be referred to Medical Council of India by college authorities. No institution / Page 11 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined University shall allow migrations directly without the approval of the Council.
(iii) Council reserves the right, not to entertain any application which is not under the prescribed compassionate grounds and also to take independent decisions where applicant has been allowed to migrate without referring the same to the Council. Note 2 Compassionate grounds criteria:
(i) Death of a supporting guardian.
(ii) Illness of the candidate causing disability.
(iii) Disturbed conditions as declared by Government in the Medical College area.
The above clause 6 has been substituted in terms of notification published on 20.10.2008 in Gazette of India and the same is as under:-
6. Migration (1) Migration of students from one medical college to another medical college in India shall be granted only in exceptional cases to the most deserving among the applicants for good and sufficient reasons and not on routine grounds. The number of students migrating to/from any one medical college shall be kept to the minimum which shall in any case not exceed the limit of 5% of its sanctioned intake in one academic year. There shall be no migration on any ground from one medical college to another located in the same city.
(2) Migration of students from one College to another is permissible only if both the colleges are recognised by the Central Government under section 11(2) of the Indian Medical Council Act, 1956 and further subject to the condition that it shall not result in increase in the sanctioned intake capacity for the academic year concerned in respect of the receiving medical college.
(3) The applicant candidate shall be eligible to apply for Page 12 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined migration only after qualifying in the first professional MBBS examination. Migration during clinical course of study shall not be allowed on any ground.
(4) For the purpose of migration, an applicant candidate shall first obtain 'No Objection Certificates' from the college where he is studying for the present, the University to which it is affiliated to, the college to which migration is sought and the University to which that college is affiliated to. He shall submit his application for migration within a period of one month of passing (declaration of results) of the first professional MBBS examination alongwith the said 'No Objection Certificates' to the Director, Medical Education of the State where the College/Institutions including Deemed Universities to which migration is sought is situated or to the Head of the Institution in case migration is sought to a Central Government institution. The Director, Medical Education of the State concerned or the Head of the Central Government institution, as the case may be, shall take a final decision in the matter as to whether or not to allow migration in accordance with the provisions of these Regulations and communicate the same to the applicant student within a period of one month from the date of receipt of the request for migration. (5) A student who has joined another college on migration shall be eligible to appear in the IInd professional MBBS examination only after attaining the minimum attendance in that college in the subjects, lectures, seminars etc. required for appearing in the examination prescribed under Regulation 12(1) Note-1:
The State Governments/Universities/Institutions may frame appropriate guidelines for grant of No Objection Certificate or migration, as the case may be, to the students subject to provisions of these regulations.
Note-2:
Any request for migration not covered under the provisions of these Regulations shall be referred to the Medical Council of India for consideration on individual merits by the Director (Medical Education) of the State or the Head of Central Government Institution concerned. The decision taken by the Council on such requests shall be final.Page 13 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025
NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined Note-3:
The College/Institutions shall send intimation to the Medical Council of India about the number of students admitted by them on migration within one month of their joining. It shall be open to the Council to undertake verification of the compliance of the provisions of the regulations governing migration by the Colleges at any point of time.
The above clause 6(1) and 6(4)have been further substituted in terms of notification published on 22.12.2008 in Gazette of India and the same is under:-
6(1) Migration of students from one medical college to another medical college may be granted on any genuine ground subject to the availability of vacancy in the college where migration is sought and fulfilling the other requirements laid down in the Regulations. Migration would be restricted to 5% of the sanctioned intake of the college during the year. No migration will be permitted on any ground from one medical college to another located within the same city.
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 Certificates" to: (a) the 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."
14. A perusal of the original Clause 6 of the Regulations pertaining to migration, makes it evident that migration from one medical college to other is not a right of a student.
Routine migrations are not permissible. However, migration of Page 14 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined the student from one medical college to another medical college in India could be considered by the Medical Council of India only in exceptional cases on extreme compassionate grounds, provided the other criteria mentioned therein were fulfilled. One of the criteria is that before seeking for migration, a medical student has to pass the first professional MBBS examination and within one month of declaration of the result of the first professional MBBS examination, a medical student was permitted to submit his application for migration alongwith his/her affidavit duly certified by the Registrar of the concerned University in which he/she is seeking transfer. Even the 'compassionate ground criteria' has been specified in the regulation itself.
15. The amended regulation-6 applicable with effect from 20.10.2008 also provided that migration shall be granted only in exceptional cases to the most deserving amongst applicants for good and specific reasons and not on routine grounds, apart from other conditions attached thereto. The eligibility condition as provided in the amended regulations remained the same that a medical student shall be eligible to apply for migration only after qualifying the first professional Page 15 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined medical examination. Further amendments were brought in clauses 6(1) and 6(4) of the Regulations notified on 20.10.2008 by the subsequent notification of 22.12.2008 in the Gazette of India wherein it is provided that migration of students from one medical college to another medical college may be granted on any genuine ground subject to availability of vacancy in the college where the migration is sought with the fulfilling of the other requirements laid down in the regulations. While there was a slight change in the Clause(1) of regulation 6 and in place of words "exceptional cases to the most deserving amongst the applicants for good and sufficient reasons and not on routine", the words used are "any genuine ground subject to availability of the vacancy in the college" have been substituted, the eligibility condition of the applicants being eligible to apply for migration only after passing the first professional examination remained the same throughout.
16. Considering the above, we find that even if it is accepted for a moment that the admission of the petitioners would be continued to be governed by the 1997 regulations amended by the notification dated 20.10.2008 and 22.12.2008, the right of the petitioners to seek for or even apply for migration had Page 16 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined accrued only after passing of the first professional MBBS examination. No student admitted in an MBBS course in any medical institution can even apply for the migration to another medical college unless and until he/she has qualified the first professional MBBS examination prior to the submission of such application. This leads us to draw a conclusion that on the date of admission i.e. in the year 2022, no right could have been said to have accrued in favour of the petitioners with the public notice dated 12.10.2022 which was issued as a guideline for admission in MBBS in the Academic Calender 2022-2023. Heavy reliance placed by the learned single Judge on Clause-iv of the public notice dated 12.10.2022 by taking into consideration of Section 60 (2)(b) of the Act, 2019, is nothing but a result of ignorance of the above noted facts.
17. Be that as it may, from a perusal of the regulations governing the claim of migration for medical students from one medical college to another, there cannot be any shadow of doubt that a medical student cannot claim migration as a matter of right. At the best, right if any, is to seek consideration that too after a medical student fulfills the eligibility criteria to apply or move application seeking Page 17 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined migration. In light of these regulations governing the migration originally from the GMER Regulations, 1997 till the GMER, 2023, there is no question of any legitimate expectation, of any of the medical students admitted in MBBS course, of any substantive benefit or entitlement based on existing promise or practice of the concerned authority. As noted by the learned single Judge, determination of substantive legitimate expectation can be successfully invoked by individuals to claim substantive benefits or entitlements based on a existing promise or practice of a public authority. The claim of the petitioners of having right to consideration of their applications seeking migration, can not fall within the meaning of any substantive benefit or entitlement based on existing promise, inasmuch as, the regulations itself clarifies that migration cannot be claimed as a matter of right and further on the date of admission of the petitioners in the MBBS course in 2022, there was no promise to consider their application seeking migration. The right to consideration of the application, if any, would accrue in favour of the petitioners (9 in number herein) only after they have passed the first professional MBBS examination and by the time GMER, 2023 came into force w.e.f. 02.06.2023. On the date when the Page 18 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined petitioners became eligible to even move an application seeking migration, the GMER, 2023 puts a ban on migration.
18. The effective regulation holding the field after 02.06.2023 has clearly prohibited any student designated to a medical college to seek migration to any other medical institution. It is not a case where any substantive right accrued in favour of the petitioners has been taken away with effect from the enforcement of the regulations namely the GMER, 2023 w.e.f. 02.06.2023.
19. All arguments made by the petitioners weighed in their favour by the learned single Judge on the doctrine of legitimate expectation and retrospective operation of the regulations, namely GMER, 2023, are therefore, found to be misconceived.
20. In so far as the claim of the petitioners that others similarly situated students have been considered and some of them have been permitted migration in terms of their applications, suffice it to note that it has been brought before us that those who have passed the MBBS first professional Page 19 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined examination and applied prior to the enforcement of GMER, 2023 w.e.f. 02.06.2023, were considered under the old prevailing regulations. As noted hereinabove, the National Medical Commission is the body constituted under the Act, 2019 and is empowered to make regulations under Section 57(2) of the said Act. The Regulation GMER, 2023 promulgated in exercise of the powers conferred upon the National Medical Commission vis-a-vis medical education in general, are holding the field with effect from 02.06.2023 and will govern all such matters, which are within the powers conferred by the National Medical Commission Act' 2019.
21. Lastly, having perused the averments made in the writ petition, pertinent is to note that nine medical students who have jointly filed the writ petition seeking migration from one medical college to another medical college, have simply made vague assertions with regard to the hardships being faced by them and the financial constraints faced by their families. In a table extracted in paragraph No. 3(i) of the writ petition, it is stated by the petitioners that during the first year of their medical education, they had to face several hardships due to poor financial condition of their families and several other Page 20 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined distinct reasons. None of the reasons can be said to be such which may be considered to be a genuine reason. The reasons given therein are pertaining to the circumstances being faced by the family of the students because they are financially hard pressed. There may be many other similarly situated students admitted in other medical colleges who may be facing the same situation, but are trying to cope up to pursue their medical education in the colleges allocated to them at the time of admission. Any indulgence granted to the petitioners herein, as has been granted by the learned single Judge, would open the flood-gate or grant undue privilege to the petitioners herein, only because they have been able to approach this court inspite of being financially hard-pressed.
22. From all angles, the opinion drawn by the learned single Judge about the non-applicability of the GMER, 2023 in the case of the petitioners herein, cannot be said to be just and proper from any legal perspective.
23. For the reasons given hereinabove, the judgment and order dated 16.12.2024 passed by the learned single judge, Page 21 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025 NEUTRAL CITATION C/LPA/662/2025 CAV JUDGMENT DATED: 02/07/2025 undefined cannot be sustained and is hereby set aside. The appeal stands allowed. The writ petition is hereby dismissed. No order as to costs.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) C.M. JOSHI/PPS Page 22 of 22 Uploaded by C.M. JOSHI(HC01073) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:52:19 IST 2025