Bombay HC asks NMC to reframe guidelines on Migration

Date: 18-Jan-2021

In a recent hearing led by the Nagpur bench of Bombay High Court, the high court has asked NMC to reframe guidelines on migrations. As the erstwhile Medical Council of India, now known as National Medical Commission (NMC) did not state the Genuine Grounds of transfer or migration, the High Court has stated that states, Universities and institutions would be entitled to instill their own guidelines. The court has asked NMC to frame guidelines under the genuine grounds. 

This was followed by a petition filed by a second year MBBS student, who was seeking transfer from Government Medical College, Akola to either of the Government Medical Colleges in Nagpur. In her filed petition, she had mentioned that she was suffering from allergic bronchitis with chronic bronchial asthma leading her to breathlessness for which she had approached the Director of Medical education and Research (DMER) who dismissed her saying that transfer is allowed on genuine grounds to students with a disability of 40% or above. 

Dr. Uday Warunjikar who counseled the petitioner said that DMER cannot dismiss the plea as no state or DMER had the power to frame any regulations and the transfer was filed on genuine grounds. The regulations set by DMER wasn’t genuine MCI didn’t specify any disability of 40% or above. 

The petition was dismissed by the court on certain grounds. The medical certificates provided by the petitioner were provided by Private Medical Practitioners, the petition was filed after the period of consideration, there was no ‘No Objection Certificates’ available with the petitioner and the petitioner had already completed her First year of MBBS after which transfer is not possible. 

There will be no uniformity if states and institutions frame their own guidelines. This would create litigations among students in the country. The court has therefore asked NMC to frame the guidelines which would not only create uniformity across the country but also save the time and efforts of students.
 

Source: TOI

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