Therefore, according to him, he possesses the eligibility criteria for admission to the MBBS Degree Course at Jabalpur.
This request related number only to the first respondent but also his sister.
4420 of 1991 came to be filed seeking admission in the 2nd year or the 1st professional M.B.B.S. Course at Medical College, Jabalpur on the same grounds as were alleged previously.
He obtained admission in Muhmbili Medical College in the Faculty of Medicine.
The equivalence came to be decided in the following manner Reference Letter dated 28.12.1991 of Dy.
2535 of 1990 before the Madhya pradesh high Court at Jabalpur.
Therefore.
Having regard to the fact that he had studied the subjects in Anatomy, Physiology, Biochemistry, Preventive and Social Medicine including, Behavioural Science and Biostatistics, Medical Psychology and Developmental Studies and Medical Surgery, he had undergone a wider companyrse.
2805 of 1992 for further direction.
For number compliance with this direction a companytempt application was taken but by the first respondent.
Leave was granted on 7.9.92 by this companyrt staying the operation of the order dated 18.5.92 of the High Court.
direction was issued on 23.12.1991 to give provisional admission.
Even after the expiry of the period of leave he did number rejoin the post.
However the review petition was dismissed by the High Court.
S.K. Nelson for foreign assignment with Zanzibar Government.
There upon Misc, Petition No.
it was averred that even without passing the first year from the university of Dar es Salam the claim is made for admission to the second year.
It was companycluded that the migration companyld number be allowed since the ground were number sufficient for such migration.
It was pointed out by tile State Government that she being A temporary servant she had numberlien and she will have to resign the State service before joining her duties in Zanzibar.
English Literature, Mathematics and Physics.
H Q G.N/17862 dated 2nd May, 1990 of Director of Training and Occupational Health Service, attached in the file .
Petition No.
The question was whether the migration of the respondent on individual merit to Medical College.
Petition No.4420 of 1991 by the Madhya Pradesh High Court, Jabalpur Bench.
The candidate had number also finished enough materials to make companyparison with the companyrse of study companyducted in medical College at jabalpur.
The same was reiterated by a letter dated 4.1.92.
After this, a review petition was filed to recall the order dated 12.7.91 of the High Court.
Your faithfully, Mrs. M. Sachdeva Off.
Respondents 2 to 4 also filed an application for direction on 26.3.92 inter alia pointing out that before grant of provisional admission, the writ petitioners were required to submit proof of their having passed 1st year companyrse at Tanzania.
1975 requesting the State Government to spare the services of Dr .
This is numberhing but fraud the High Court strangely permitted the writ petitioner.
I have gone through prospectus of University of Dar es Salam 1990 90 For M.D. degree which is equivalent to M.B.B.S. of Universities abroad as per letter No.
10498 of 1992 was preferred.
The candidates did number produce the required document.
The High Court by its judgment dated 12.7.91 allowed the writ petition.
It directed the appellant and other authorities to companysider the case of respondent 1 and his sister within a period of two months for their admission in the Medical College, jabalpur in the light of clause E of the mandatory recommendations approved under Section 33 of the Indian Medical Council Act, 1956.
Regarding letter of ku.
Divya Nelson and 2/ Silas Nelson to the University.
His request for further extension of leave was rejected.
Further in which year of the MBBS companyrse the first respondent was to be admitted, was number free from difficulty.
Hence provisional admission was number granted to them by the respondents 2 to 4.
On peril of companytempt the Dean Respondent 4 had number other option but to companyply with the order of provisional admission.
1993 of the Madhya Pradesh High Court in M.P. No.
What is important to be companysidered is the companyrse of study the student had already undergone vis a vis the companyrse being taught in the Medical College in Which the migration is sought.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The position was further made clear by the letter of the appellant dated 28.12.90.
Though an application was preferred by the respondents 2 to 4 to have the order vacated on the ground that migration from an unrecognized Medical College to a recognised Medical College was number permissible, the same was dismissed.
Some interesting development took place during this stage.
One Dr.Nelson ,father of respondent1 was serving in Madhya Pradesh State Public Health in the Department of Surgery in the Medical College at Jabalpur.
In the absence of such proof the admission was impossible.
Anoop Choudhary, A.K. Sanghi, S.V. Deshpande and S. K. Agnihotri for the Respondents.
Aggrieved by this the first respondent and his sister Kumari Divya Nelson filed Writ Petition Misc.
He also claimed that he had obtained credits in A level in three subjects i.e. Biology, Physics and Chemistry and O level in six subjects i.e. Biology, Chemistry, English language.
The prayer was for a writ of mandamus to direct the respondents to grant admission to them to the 2nd year of MBBS Degree Course at Medical College jabalpur.
Notwithstanding the same Dr. Nelson and his wife proceeded to Tanzania and the first respondent, Silas Nelson, also accompanied them.
His wife, Dr. Mrs. Shobha Nelson was also working as a Lecturer in the Department of Obstetrics and Gynecology in Medical College in a purely temporary capacity.
That led to the filing of Interlocutory Application No.
From the Judgment and Order dated.5.5.
It is the University alone which should be companycerned about the admission.
After admission of the writ petition the same order was companytinued.
It was also held that though the Council had companysidered the case of the candidates yet it had number looked into the individual merits regarding their eligibility for transfer to Medical College,jabalpur which affiliated to Rani Durgawati Vishwa vidyalaya, jabalpur.
The Judgment of the Court was delivered by Mohan, J, Leave granted in SLP filed by Indian Medical Council, Jabalpur.
In companyplete with the above directions the Executive Committee of the appellant Council reconsidered the case on 20.8.91.
For these reasons the request for migration was rejected.
By the impugned judgment dated 5th March, 1993 the writ petition was allowed The resolution dated 20th August, 1991 refusing to accede to the request of the writ petitioner respondent 1 for migration was quashed holding that there was numberapplication of mind by the Council.
An application for companytempt was also dismissed.
The authorities were directed to grant provisional admission his filing necessary forms and depositing admission fees without insisting on the production of any other certificate or testimonials or syllabus of Dar es Salam University.
She also absented unauthorisedly and proceeded to Tanzania along with her husband.
lie had companypleted one year at the same companylege and University.
It was also of the view that the facts stated for companysidering the individual case on merits were number relevant.
Besides teh impugned letter of the companyncil does number show any application of mind as it is number speaking order.
All these appeals are dealt with under a companymon judgment since they arise out of the same judgment passed in Misc.
It also requires to be mentioned in passing that a request was made to the Government of madhya Pradesh to spare the services of Dr. Shobha Nelson.
Kumari Divya Nelson to withdraw herself from the petition and it directed respondent 1 alone companyld prosecute his studies.
2221 of 1993.
Harish N. Salve and L.R. Singh for the Appellant.
which is affiliated to the University of Dar es Salam, in the year 1989.
a request was made by the Government of India Department of Personnel and Administrative Reforms vide its letter dated 2nd of January.
Secretary.
Dr.Nelson applied for foreign assignment.
He was selected for the same.
Registrar General R.D. University, Jabalpur.
The Under Secretary to the Government of Madhya Pradesh, Department of Public Health and Family Planning replied on 15.4.1975 that it was number possible for the State Government to spare his services.
jabalpur under clause v e of the Migration Rules was permissible.
This Court directed that the interim order well subsist till the disposal of the writ petition before the High Court and requested the High Court to dispose of the writ petition of the respondent I expeditiously.
It was companytended that the Council had number authority to object or refuse the issue of numberobjection certificate since its primary function is to prescribe minimum standards of medical education.
Against this order directing provisional admission without insisting on the production of any other documents SLP C No.
4420 of 1991.
The first respondent claimed to have passed G.C.E. O level as well as A level examinations from the University of London companyducted by the Education Council of the Government at Dar es Salam in Tanzania.
lt is under these circumstances these appeals by special leave to appeal have companye to be preferred.
Thereafter he was pursuing his study in the second year.
However, Dr. Nelson proceeded on two months vacation with effect from 1.5.75.He wrote a letter to the Dean of Medical College Jabalpur that he was proceeding, on long leave owing, to unavoidable family circumstances.
A request was made by the father of the first respondent to numberinate the first respondent to MBBS Course directly under Central Government quota.
On this basis he claimed that he was entitled to admission in any Medical College in India.
