A.M. Ahmadi, C.J.,; K.S. Paripoornan and; Sujata V. Manohar, JJ.
1. On 12-12-1994 while issuing rule nisi this Court observed after having perused the decision taken by the Medical Council of India (Migration Committee) permitting the migration of the petitioner Deepti Gupta from Goa Medical College to K.G. Medical College, Lucknow in view of the extraordinary factual situation of her suffering from malignancy. The Government of India by its communication dated 7-3-1995 stated in no uncertain terms that the Ministry of Health and Family Welfare (Department of Health) once again coveys its no objection to her migration to K.G. Medical College, Lucknow on extreme compassionate grounds. The Medical Council of India had also, placing reliance on clause V(e) of the Migration Rules took a decision on extreme compassionate grounds and as a special case, keeping in view the fact that she was suffering from malignancy, to permit her migration from Goa Medical College to K.G. Medical College, Lucknow in the first phase of 2nd MBBS course. In view of the above, it is clear that neither the Medical Council of India nor the Union of India has any objection to the transfer. It is, however, necessary to mention that by a subsequent letter dated 15-6-1994 the Medical Council of India informed the Joint Director, Medical Education and Training, U.P., Lucknow that since there was a possibility of there being a challenge taken to Court on account of the reduction of one seat, the Medical Council of India regretted that the transfer could not be permitted. We are afraid that on a mere apprehension of this nature it was not proper for the Medical Council of India to reverse its earlier decision particularly when this was a case of such an extraordinary nature which does not present itself time and again that an extraordinary decision was called for. Having taken all the facts into consideration, we are of the opinion that this is a case of a very special nature rather a very rare case where a power conferred on the Medical Council of India by clause V(e) ought to be exercised. We are, therefore of the opinion that it was correctly exercised by the Medical Council of India in its earlier communication and was wrongly reversed in its subsequent communication on a mere apprehension on a question of reduction of seat in the next year being made a subject-matter of legal proceedings. The Medical Council has also not chosen to appear in the present proceedings despite service of notice. In a special and extraordinary factual situation pertaining to this matter we direct that the petitioner Deepti Gupta be transferred from Goa Medical College to K.G. Medical College, Lucknow forthwith in the first phase in the 2nd MBBS course. The I.A. and writ petition are disposed of. The rule is made absolute with no order as to costs.