Bombay high court.
Bombay high court.

Med students can seek course transfer in case of permanent disability: Bombay HC

The division bench was hearing petition filed by a medical student pursuing MBBS course at Government Medical College at Akola who had sought transfer claiming that she suffered from allergic bronchitis with chronic bronchial asthma
By Kanchan Chaudhari
PUBLISHED ON JAN 14, 2021 04:10 PM IST

The Nagpur bench of the Bombay high court recently upheld a rule laid down by the Directorate of Medical Education and Research (DMER) that allows medical students seek mid-course transfer from one college to another only if they acquires permanent disability of 40℅ or above.

The division bench of justice Sunil Shukre and justice Avinash Gharote was hearing petition filed by Manali Barde, a medical student pursuing MBBS course at Government Medical College at Akola who had sought transfer claiming that she suffered from allergic bronchitis with chronic bronchial asthma, of a moderate persistent nature, frequently leading to breathlessness, and was this highly susceptible to Covid-19.

She moved HC after her application for transfer to a medical college in Nagpur was rejected by the DMER on August 20, 2020, primarily on the ground that in terms of clause 13(a)(ii) of the DMER brochure, transfer of medical students from one college to another was permitted only if the student acquires permanent disability of 40% or above.

Barde then challenged validity of the clause. Her counsel, Dr. Uday Warunjikar, submitted that clause 13(a)(ii) was ultra vires the power of DMER or state, and was therefore required to be quashed and set aside.

Dr. Warunjikar pointed out that the clause was completely contrary to Medical Council of India (MCI) Regulations of December 2018, which allow mid-course transfer of medical students on “genuine grounds.” He asserted that it was impermissible for DMER to lay down the guidelines and specify specific conditions for migration of medical students.

“There cannot be any two views that the regulations framed by the MCI, being framed by virtue of the Statutory power under Section 33 of the Medical Council of India Act, 1956, have primacy, over any guidelines, which may be framed by the DMER and the State,” said the bench.

The bench, however, said under the MCI Regulations, state governments, universities and institutions have been authorised to frame guidelines for grant of no-objection certificate for migration, and the MCI regulations do not define or clarify what “genuine ground” would mean.

The court said in absence of defining the expression “genuine ground” by the MCI in its regulations, it would be open and permissible, for the DMER or the state to lay down guidelines, defining the parameters of the expression “genuine ground.”

The bench also ratified the DMER brochure, saying “the requirement of 40℅ or above permanent disability, so as to be considered as a genuine ground is based upon Section 2(Zc) of the Rights of Persons with Disabilities Act, 2016 and the schedule as appended thereunder, and thus has a statutory backing to it.”

SHARE THIS ARTICLE ON
app
Close
Farmers ahead of their tractor rally on Republic Day, at Tikri border in Delhi on January 25. (ANI)(HT_PRINT)
Farmers ahead of their tractor rally on Republic Day, at Tikri border in Delhi on January 25. (ANI)(HT_PRINT)

Farmers' tractors ready with tricolour for rally after R-Day parade in Delhi

By hindustantimes.com | Written by Kanishka Sarkar
UPDATED ON JAN 26, 2021 09:03 AM IST
To ensure the tractor parade remains peaceful, farmers have formed groups to look after security.
Close
This year's Republic Day presents an unprecedented challenge for the Capital's police force.(PTI)
This year's Republic Day presents an unprecedented challenge for the Capital's police force.(PTI)

News updates from Hindustan Times: 5-layer security cover in Delhi on R-Day

By hindustantimes.com
PUBLISHED ON JAN 26, 2021 08:54 AM IST
Here are today’s top news, analysis and opinion at 9am. Know all about the latest news and other news updates from Hindustan Times.
Close
Farmers gather to take part in a tractor rally to protest against farm laws on the occasion of Republic Day at Singhu border near Delhi.(Reuters Photo )
Farmers gather to take part in a tractor rally to protest against farm laws on the occasion of Republic Day at Singhu border near Delhi.(Reuters Photo )

Farmers tractor rally LIVE: Protesters break police barricade at Tikri border

By hindustantimes.com
UPDATED ON JAN 26, 2021 09:10 AM IST
The protesters who were camping at Delhi’s Singhu border have begun their march into the Capital. Follow live updates here
This year's Republic Day presents an unprecedented challenge for the Capital's police force. (PTI)
This year's Republic Day presents an unprecedented challenge for the Capital's police force. (PTI)

Facial recognition systems, 5-layer cover for Republic Day Parade, tractor march

Written by Poulomi Ghosh
UPDATED ON JAN 26, 2021 08:43 AM IST
The systems have a database of 50,000 suspected terrorists, criminals and anti-social elements and have been set up at 30 spots on Rajpath.
Close
Delhi chief minister Arvind Kejriwal wished the country on its 72nd Republic Day on Tuesday. (PTI)
Delhi chief minister Arvind Kejriwal wished the country on its 72nd Republic Day on Tuesday. (PTI)

On Republic Day, Arvind Kejriwal salutes real heroes of the country

By hindustantimes.com | Written by Meenakshi Ray, New Delhi
PUBLISHED ON JAN 26, 2021 08:17 AM IST
The Aam Aadmi Party (AAP) leader also mentioned sanitisation workers and the brave soldiers of the country on India's 72nd Republic Day on Tuesday.
Close
Delhi chief minister Arvind Kejriwal. (HT file)
Delhi chief minister Arvind Kejriwal. (HT file)

Ram temple construction: VHP team expected to meet Delhi CM this week

PUBLISHED ON JAN 26, 2021 08:14 AM IST
On Monday, a delegation met the L-G of Delhi, Anil Baijal, who contributed 1 lakh for the temple construction
Close
Security personnel keep vigil at Rajpath on the eve of the Republic Day parade, in New Delhi. (PTI Photo )
Security personnel keep vigil at Rajpath on the eve of the Republic Day parade, in New Delhi. (PTI Photo )

Republic Day 2021: Where, when to watch the parade

By hindustantimes.com | Edited by Kanishka Sarkar, Hindustan Times, New Delhi
PUBLISHED ON JAN 26, 2021 07:43 AM IST
Republic Day Parade 2021 live stream and telecast will begin at 9am on all TV channels of Doordarshan.
Close
Google celebrates 'Unity in diversity' in today's doodle.
Google celebrates 'Unity in diversity' in today's doodle.

Selfie, sitar, cricket: Google celebrates R-Day with Mumbai artist's doodle

Written by Poulomi Ghosh
UPDATED ON JAN 26, 2021 07:48 AM IST
Today's Goggle doodle, illustrated by Mumbai's Onkar Fondekar, sums up India, its unity in diversity and vibrant culture.
Close
Entry of general people has been banned and only the invited guests will be allowed to be present.(PTI)
Entry of general people has been banned and only the invited guests will be allowed to be present.(PTI)

'Jai Hind': PM Modi greets nation on 72nd Republic Day

By hindustantimes.com | Written by Susmita Pakrasi
UPDATED ON JAN 26, 2021 07:26 AM IST
  • Only around 25,000 spectators will be allowed to witness the parade as compared to the average of 1.15 lakh people every year.
Close
A vehicle cleans Rajpath on the eve of Republic Day celebrations in New Delhi.(AFP)
A vehicle cleans Rajpath on the eve of Republic Day celebrations in New Delhi.(AFP)

R-Day Live updates: Stage set for parade at Rajpath

By hindustantimes.com | Edited by Susmita Pakrasi, New Delhi
UPDATED ON JAN 26, 2021 09:18 AM IST
  • Republic Day 2021 Live Updates: The Republic Day Parade ceremony will commence with Prime Minister Narendra Modi visiting the National War Memorial.
India’s military might, cultural diversity, social and economic progress will be on display during the 72nd Republic Day celebrations.(ANI)
India’s military might, cultural diversity, social and economic progress will be on display during the 72nd Republic Day celebrations.(ANI)

With many firsts, India’s military might, cultural diversity on display on R-Day

By hindustantimes.com | Written by Susmita Pakrasi
PUBLISHED ON JAN 26, 2021 06:41 AM IST
  • The Republic Day Parade ceremony will commence with Prime Minister Narendra Modi visiting the National War Memorial. He will lead the nation in paying tributes to the fallen heroes by laying a wreath.
Close
President Ram Nath Kovind unveiled the portrait of Netaji Subhas Chandra Bose on Sunday. (Twitter)
President Ram Nath Kovind unveiled the portrait of Netaji Subhas Chandra Bose on Sunday. (Twitter)

Much ado about Netaji portrait at Prez House

By HT Correspondent, Hindustan Times, New Delhi
PUBLISHED ON JAN 26, 2021 06:21 AM IST
  • The claim, that the portrait was based on Bengali actor Prosenjit Chatterjee, popularly known as Bumba, who played Bose in a 2019 movie, Gumnaami gathered momentum.
Close
A Chinese soldier stands guard on the Chinese side of the Naku La border crossing between India and China.(AFP File)
A Chinese soldier stands guard on the Chinese side of the Naku La border crossing between India and China.(AFP File)

Troops come to blows in India-China face-off

By Rahul Singh, Rezaul H Laskar, Sutirtho Patranobis
PUBLISHED ON JAN 26, 2021 05:22 AM IST
  • The latest incident took place at Naku La area, which is at a height of over 5,000 metres, on January 20, when Chinese soldiers attempted to intrude into the Indian territory.
Close
A Supreme Court bench, headed by Chief Justice of India (CJI) SA Bobde, made it clear that it will not transfer the petitions against the UP Prohibition of Unlawful Conversion of Religion Ordinance, 2020, to itself, but would like the high court to rule on the validity of the law.(HT Archive)
A Supreme Court bench, headed by Chief Justice of India (CJI) SA Bobde, made it clear that it will not transfer the petitions against the UP Prohibition of Unlawful Conversion of Religion Ordinance, 2020, to itself, but would like the high court to rule on the validity of the law.(HT Archive)

Conversion ordinance: Don’t take HC ‘lightly’, top court tells UP govt

PUBLISHED ON JAN 26, 2021 05:13 AM IST
  • The state government, got adjournments from the high court in the last two hearings citing the pendency of the similar petitions before the Supreme Court.
Close
A TikTok logo is displayed on a smartphone in this illustration. (REUTERS)
A TikTok logo is displayed on a smartphone in this illustration. (REUTERS)

India to impose permanent ban on 59 Chinese apps, including TikTok: Report

Reuters, Bengaluru
PUBLISHED ON JAN 26, 2021 04:56 AM IST
The ministry's June order stated that the apps were "prejudicial to sovereignty and integrity of India, defence of India, security of state and public order".
Close
SHARE
Story Saved
OPEN APP