SHIRISH GOVIND PRABHUDESAI versus STATE OF MAHARASHTRA AND ORS.

Citation: [1992] SUPP. 2 S.C.R. 101 · Decided: 21-10-1992 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Disposed off

Judgment (excerpt)

SHIRISH GOVIND PRABHUDESAI 
v. 
STATE OF MAHARASHTRA AND ORS. 
OCTOBER 21, 1992 
[J.S.VERMA, YOGESHWAR DAYAL AND 
N. VENKATACHALA, JJ.] 
Education-Professional Colleges: 
A 
B 
Migration/transfer of students from one Medical College to another- C 
Condition of eligibility-Students of non-recognised Medical Colleges refused 
transfer to recognised Medical Colleges-Validity of 
Constitution of India, 1950 : 
Art.14-Migration-transfer of students from one Medical College to D 
another-£.ligibility condition-Refusal of transfer to students of non-Recog-
nised Medical Colleges-Whether arbitrary and unreasonable. 
The present Writ Petitions, Special Leave Petitions and Civil Ap-
peals relate to the right of a student admitted in a medical college not 
recognised by the Medical Council of India to claim migration/transfer to 
a Medical College recognised by the Medical Council of India after-pass-
ing the first MBBS Examination. The condition of eligibility for migra-
tion/transfer to a recognised medical college has been prescribed by the 
colleges on the basis of one of the recommendations on Graduate Medical 
. Education adopted by the Medical Council of India. This condition re-
lates to migration of students from one recognised medical college to 
another recognised medical college. 
It was contended on behalf of the aggrieved students that dilTeren-
E 
F 
tiation between students of non-recognised medical colleges and recog- G 
nised medical colleges for purposes of migration/transfer when the degree 
of MBBS awarded to students of both the categories of medical colleges 
stood recognised by the Universities to which the colleges were affiliated, 
was discriminatory and arbitrary. 
Disposing of the matters, this Court, 
101 
H 
A 
B 
c 
102 
SUPREME cou:n REPORTS (1992) SUPP. 2 S.C.R. 
HELD : I.I. Unless a recognised medical college offers to admit by 
migration/transfer some students from another medical college no student 
can claim as of right admission by migration/transfer to that medical 
college. A recognised medical college when it decides to admit by migra· 
thin/transfer some students after passing the first MBBS examination 
from another medical college, can restrict its choke only to students who 
were admitted to and have passed the first MBBS examination from a 
recognised medical college only, excluding from consideration such stu· 
dents from non-recognised medical colleges. Undoubtedly, it is one of the 
recommendations on Graduate Medical Education adopted by the Medi· 
cal Council of India which is being acted upon by recognised medical 
colleges while taking students by migration/transfer. [106-E, F, G) 
1.2. The re.;pmmendations on Graduate Medical Education are by 
an expert body of the Medical Council of India which. is entrusted with 
certain statutory functions relating to medical education by the Indian 
D Medical Council Act, 1956. The Medical Council of India having chosen 
to accept these recommendations, such a condition of eligibility for migra· 
lion/transfer from one medical college to another adopted by the recog· 
nised medical colleges cannot be termed unreasonable or arbitrary. The 
qualitative difference between the non-recognised medical colleges 
E 
F 
G 
generally as compared to the medical colleges recognised by the Medical 
Council of India, the recognition being based on certain objective stand· 
ards relating to medical education, and the competitive merit forming the 
basis for admission to a recognised medical college justify as reasonable 
such a restriction for grant of permission for migration/transfer from one 
medical college to another. One of the purposes served by such a restric· 
tion is to permit this interacollege movement of students after passing the 
first MBBS examination only between students of recognised medical 
colleges and to prevent indirect entry into recognised medical colleges of 
students who had failed initially to secure entry into a recognised medical 
colleges. Movement of students between recognised medical colleges only 
is quite often to facilitate the students thereof in certain circumstances 
without conferring on them any additional benefit after the initial entry to 
a medical college duly recognised. [106-H & 107-A, B, C & DJ 
1.3. There being no inherent right in student admitted to a non-recog· 
nised medical college to claim such migration/transfer, this restriction for 
H migration/transfer being imposed by the recognised medical 

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