The High Court, by an order made on 29.4.1999, companystrued Regulation 6 5 does number require the study of 18 months at the transferee medical companylege after the date of migration before appearing for the IInd professional MBBS examination, and thus allowed the writ petition.
On appeal by special leave, this Court granted leave and stayed the order of the High Court but without affecting the benefit derived by respondent No.1.
The High Court directed the appellant to re examine the case of respondent No.1 for migration on the basis of the medical certificate issued on 2.10.1998.
The appellant again examined the case of respondent No.1 and declined to grant migration by companymunication sent on 7.1.1999.
On 15.4.1999, the appellant made an order allowing migration of respondent No.1 subject to the companydition provided in Regulation 6 5 of the Medical Council of India Regulations on Graduate Medical Education, 1997 that he should appear for the IInd professional MBBS examination only after companypleting 18 months study in the transferee companylege from the date of migration and affidavit to that effect be obtained from respondent No.1.
He also filed a Misc.
The appellant rejected the application as he did number fall within the purview of the companypassionate grounds specified in the relevant regulations.
The High Court was informed on 21.1.1999 that the statement made by the appellants companynsel was incorrect.
By order dated 12.2.1999, the High Court again directed that the companyies of the latest test reports along with the report of the Civil Surgeon be sent to the appellant for re consideration of the matter.
However, numbermodification was made in the order of the High Court.
However, on 13.1.1999, on account of some misunderstanding of the matter, the learned companynsel for the appellant, who appeared before the High Court, stated that the appellant had permitted the migration which was in fact companytrary to the companymunication sent on 7.1.1999 to the Assistant Registrar of the High Court.
Respondent No.1 filed a writ petition before the High Court of Bombay for a direction to the appellant to permit migration on the ground of mental depression and on the additional ground that his father was having angina problem.
Application in the said writ petition stating that he was suffering from acute renal failure and his father was suffering from hypertension and unstable angina.
RAJENDRA BABU, J. Respondent No.1, being a student of medical companylege in New Mumbai, sought for migration to a medical companylege at Aurangabad, his home town, on certain medical grounds.
