Narual & Ors Vs. Ms. Manju Chaudhry & Ors  INSC 121 (23 January 1996)
S.C. (J) Sen, S.C. (J) Ahmadi A.M. (Cj) Paripoornan, K.S.(J) Sen J.
1996 AIR 1563 1996 SCC (2) 155 JT 1996 (1) 673 1996 SCALE (1)591
appeals relate to admission to the Second Professional MBBS course in Maharishi Dayanand University by migration from other
universities. The case of the appellants, Ms. Bhawana Narula, Manish Jain and Anjali
Hooda, is that they have satisfied the requirements stipulated by the Medical
Council of India and also Maharishi Dayanand University and were granted migration from the colleges where they
were pursuing the MBBS course.
joined Maharishi Dayanand University on the strength of migration
granted by the University. On 4th June, 1994,
the appellants received communication from Maharishi Dayanand University that their applications for migration to the Second
Professional MBBS course in Maharishi Dayanand University had been granted. On receipt of this intimation, they left
the colleges in which they were studying in Karnataka and joined Maharishi Dayanand
University, Rohtak, since June, 1994 they were pursuing their studies in Maharishi
of the persons, who could not obtain migration to Maharishi Dayanand University from other universities, field writ
petitions challenging the validity of the migration granted to the appellants.
These writ petitions were heard along with the batch of other cases relating to
the migration to the BDS course of Maharishi Dayanand University. It appears from the affidavit filed by the Registrar on
behalf of the University that there is one fundamental difference in the
principle followed by Maharishi Dayanand University for considering the cases
of migration of candidates of MBBS course from the manner in which migration
was allowed in the BDS course. For considering the case of migration to MBBS
course, the Maharishi Dayanand University set up a Committee to examine the
cases of various students who were seeking migration.
Committee comprised of :-
Professor Ravi Parkash, Head of the Department of Bio-Science, M.D. University, Rohtak.
Professor R.K. Tuteja, Head of the Department of Statistics, M.D. University,. Rohtak.
Dr. S.B. Siwach, Professor & Head, Department of Medicine, Medical College, Rohtak.
Registrar (R&S), H.D. University, Rohtak.
recommendations made by the Committee were accepted by the University without
making any change at all. There is no allegation of bias against any of the
members of the Committee. It has been stated in the affidavit of Devender
Singh, IAS, Registrar, Maharishi Dayanand University, that out of 20 eligible students
seeking migration, 7 of the top 14 students in merit were granted migration.
Since there is no question of bias of personal animus against any member of the
Committee, it will not be fair at this stage to set aside the selection made by
judgment of the High Court dated 23rd February, 1995 is set aside. It is directed that the candidates selected
by the Committee set up by the Maharishi Dayanand University for migration to the MBBS course will be entitled to pursue
their studies in the MBBS course conducted by the Maharishi Dayanand University in accordance with the rules of the
appeals are disposed of as above.