The Supreme Court is to examine whether a student studying in a private medical college can be shifted to another medical college within the same city when the candidate has not satisfied any of the norms prescribed for such transfer.
A Bench of Justices H.L. Dattu and C.K. Prasad decided to examine the question on special leave petitions filed by D.D. Medical College and Hospital, Tiruvallur, in Tamil Nadu, through its Chairman T.D. Naidu challenging the orders passed by the Madras High Court directing issuance of No Objection Certificate and Migration Certificate to a student C. Florence Priyashantini to enable her to join a private medical college in Vandalur near Chennai.
When counsel K.K. Mani, appearing for the college, submitted that the student had initiated contempt of court proceedings for not complying with the High Court order, the Bench stayed the proceedings in the contempt petition.
The Bench issued notice in the two special leave petitions and granted three weeks time to the respondents, including the student concerned, for filing their response and two weeks thereafter for rejoinder and directed the matter to be listed thereafter.
Acting on writ petitions from the student a single judge of the High Court directed the college to issue the NOC and the Migration Certificate. The writ appeals of the college were dismissed by the High Court and the present appeals are directed against this judgment dated February 13.
The college in its SLPs questioned the High Court judgment, which was contrary to Government Orders and the revised regulation of the university.
The SLPs raised important questions of law, viz whether the courts below could order the issue of NOC and Migration Certificate when the student concerned was not entitled as per the regulations of the university and whether by implementing the impugned order there would not be a vacant seat in the second year of MBBS course in the Petitioner College which it could not file it up during the middle of the year.
The college maintained that the grant of ‘NOC' was not a matter of right but would be one of discretion to be exercised subject to certain norms being satisfied for granting migration, viz death of supporting parent; illness of candidate causing disability; disturbed conditions as declared by the government in the Medical College area.
The candidate in this case had not satisfied any of the norms and as such there was no justification for the issue of NOC and MC.
The college sought a direction to quash the impugned judgment and an interim stay of the contempt proceedings.
