STATE OF UTTAR PRADESH Vs. RAMONAPERHARKM

JUDGEMENT

(1.) Leave granted. Heard counsel for both the parties.

(2.) The appeal is preferred against the judgment of a learned single Judge of the Allahabad High Court allowing the writ petition filed by the respondent.

(3.) The respondent obtained admission in a private medical college in Karnataka (J.J.M. Medical College, Davangere) in July, 1990. The said college is said to be recognised by the Indian Medical Council. Sometime, in early 1992, the respondent applied to the Government of Uttar Pradesh for transferring her to the medical college at Allahabad. This request was rejected following the policy enunciated by the Government of Uttar Pradesh that no one from outside the State shall be permitted to be transferred to a medical college within the State. Thereupon the respondent approached the High Court of Allahabad by way of the present writ petition. On April 2, 1992, it appears, the learned Standing Counsel for the State of Uttar Pradesh was asked to obtain instructions in the matter. Within five days, i.e., on April 7, 1992, the writ petition came up again for orders before S. C. Verma, J. The learned Judge observed that though the learned Standing Counsel was asked to obtain instructions, he has neither filed a counter affidavit nor has obtained any specific instructions to oppose the writ petition. The learned Judge granted him three more weeks to file a counter-affidavit and at the same time made the following direction: