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W.P.No. 7836/2016 (Dr. Anand Rai… Vs. … Medical Council of India and Ors.)

17-05-2017 Shri Aman Mishra, learned

counsel

for the

petitioner. Shri Piyush Dharmadhikari, learned Government Advocate for the respondents/State. Smt. Indira Nair, learned Senior Counsel with Shri Rajas

Pohankar,

Advocate

for

the

respondent

No.1/M.C.I. Shri Pankaj Dubey, learned counsel for the respondent No.2. Shri Mohan Sausarkar, learned counsel for the respondent No.4/Dental Council of India. This petition has been filed by the petitioner bringing to the notice of this Court the fact that the Dental Council of India (D.C.I.) and the Medical Council of

India

(M.C.I.)

have

been

granting

benefit

of

migration in undeserving cases to children or relatives of Ministers, I.A.S officers and I.P.S. officers while they have been denying the said benefit to others.

The

petitioner has brought to the notice of this Court several

instances

in

this

regard

and

has

also

impleaded respondents No.6 to 11 in the petition by alleging that benefit to the aforesaid respondents have been given by the D.C.I. and M.C.I.

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Having heard the learned counsel for the parties, it is observed that the instances brought to the notice of this Court by the petitioner in the present case are all stale and old and therefore, at this stage, no decision or order in respect of the benefit granted to respondents No.6 to 11 is required to be or can be given by this Court. It is also observed that the provisions relating to migration provided under the Regulations framed by the M.C.I. and D.C.I. have to be strictly adhered to and the benefit thereunder can only be granted in respect of cases which fall within the parameters contained therein,

keeping

in

mind

the

other

mandatory

regulations of the M.C.I. and D.C.I. relating to vacancy of seats, adhering to the teacher student ratio, mid session

migrations

migration

from

and

the

fact as

to

whether

private medical colleges can

be

granted in Government medical colleges to students who have otherwise been unable to qualify for admission in such Government colleges on merits by adopting the devious method of migration. However, as both the M.C.I. and D.C.I. have stated before this Court on affidavit that they shall in future be careful and vigilant in exercising this power and that they shall not give any undue benefit to the relatives and children of either ministers, I.A.S. or I.P.S.

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officers and shall generally apply these regulations to all category and class of students and as on date, we are not required to examine the validity of any order of migration in the present petition, the petition filed by the petitioner is disposed of with a direction to the M.C.I.

and

the

D.C.I.

to

strictly

adhere

to

the

regulations relating to migration, by implement them in a uniform manner without discrimination and ensuing that they are not utilized for the purposes of granting benefit only to high placed individuals and that they are exercised only in cases which fulfill the criteria laid down and prescribed under the M.C.I. and D.C.I. regulations. With the aforesaid observations/directions, the petition filed by the petitioner stand disposed of. C.C. as per rules.

(R.S. Jha) Judge pp.

(A.K. Joshi) Judge