Gujarat high court orders transfer of ailing girl medico to Ahmedabad college

The Gujarat high court came to the aid of a girl medical student who is suffering from cancer, and directed the Medical Council of India (MCI) to permit her transfer to the NHL medical college in Ahmedabad. The girl is currently a student of a Nasik-based medical college.

A division bench of the high court directed the MCI to allow the transfer of the ailing girl medico, Moni Patel, from NDMVP Samaj Medical College in Nasik to the NHL medical college in Ahmedabad. The Nasik college is affiliated to Maharashtra University of Health and Science.

Moni was diagnosed with cancer a few months back. She had then approached the MCI with the request that the council transfer her to a Gujarat medical college by invoking its discretionary powers to transfer a student from the college of one state
to that of another. But the MCI refused.

Moni, who is currently a first-year MBBS student, then approached the Gujarat high court with the plea that she wants to stay with her family in Ahmedabad as she is suffering from a serious illness like cancer.

She submitted before the court that she should be allowed to study in the city as her parents live here, and requested that the court direct the medical council to grant permission for her transfer.

Senior counsel Sudhir Nanavati, appearing on behalf of Moni, argued before the court that the MCI had the power to transfer a student from one college to another in exceptional cases. "Moni's is a fit case for inter-state transfer," the lawyer said.

He further said that the girl was lucky that the NHL medical college in the city had a vacant seat against which Moni could be accommodated. Moreover, the college was ready to grant her admission, he added.

Showing a sympathetic approach towards the girl, the division bench comprising chief justice SJ Mukhopadhya and Justice Akil Kureshi directed the MCI to facilitate her transfer by reconsidering its decision.

The court also told the Maharashtra University and Gujarat University to take appropriate decisions in Moni's case.

"Moni had taken admission in the first year and paid fees for that," said her lawyer, Sudhir Nanavati. "But while she was still studying, it was discovered that she was suffering from cancer. The MCI had refused to allow inter-state transfer as the girl had not cleared the first term exam of the college."