The Bombay High Court recently held that a student cannot seek transfer from one college to another as a ‘matter of right.’ The HC accordingly dismissed a plea moved by a second year medical student seeking transfer to Parel-based KEM medical college.

Mumbai : The Bombay High Court recently held that a student cannot seek transfer from one college to another as a ‘matter of right.’ The HC accordingly dismissed a plea moved by a second year medical student seeking transfer to Parel-based KEM medical college.

A division bench of Justice Satyaranjan Dharmadhikari and Justice Bharati Dangre said, “We are of the opinion that the students cannot seek transfer as of right.”

“The whole process is dependent upon several factors including taking care of and avoiding a situation, where those not desirous of attending Government Medical Colleges situated beyond major cities and towns,  end up making applications for migration of transfer on flimsy grounds,” Justice Dharmadhikari added.

The bench was hearing a plea filed by Mahin Bhatt, who completed his first year of MBBS in a government college at Miraj,  Maharashtra. He had sought transfer to claiming he was suffering from major depression disorder and psoriasis. He had, accordingly, sought transfer to KEM hospital and medical college.

Having heard the submissions,  Justice Dharmadhikari said,  “Migration of student from one medical college to another medical college may be granted on any genuine ground subject to the availability of vacancy in the college where migration is sought and fulfilling the other requirements laid down in the rules.”

The judges noted the procedures for granting admissions and also rules therein,  must be followed. The bench accordingly said the decision of the authorities,  namely the Maharashtra University of Health Sciences and the Director of Medical Education and Research (DMER).

“The decision of the authorities cannot be said to be lacking in bona-fides or termed as perverse, enabling interfere from this Court. In such matters, the decision to permit transfer or migration midcourse is best left to the authorities uncharged of medical education. We have to respect their decision,” Justice Dharmadhikari observed.

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