VIJAY VISHWASRAO KADAM Vs. JAY T SHAH

JUDGEMENT

(1.) Leave granted.

(2.) In respect of certain students who were studying in various Engineering Colleges in the state of Gujarat transfers were ordered from one College to another. On the allegation that there have been transfers beyond the permissible 5% limit and in some cases it is to the extent of 26.4%, 37%, 28.8%, 8%, 21% and so on, the High Court has set aside the transfers except in six cases that were presented before it. Considering the fact that these students have been transferred from one college to another and have been pursuing their career in the transferred colleges and they have been accommodated in those colleges and they cannot go back to the college from which they have been transferred, we do not think it equitable to disturb their career at this stage of proceedings. While maintaining the observations made by the High Court, we think it appropriate to set aside that part of the order by which transfers have been cancelled. This order has been made in view of the special features of this case. The appeal is allowed accordingly to the extent stated above. Appeal allowed.