P SHASHIKALA Vs. DIRECTOR MEDICAL EDUCATION BANGALORE

JUDGEMENT

(1.) The petitioner is presently studying in Post-Graduate Medical Course i.e., M.S. Opthalmology at Karnataka Medical College (KMC), Hubli. She was admitted to the said course in Karnataka Medical College on 29-6-1994 pursuant to an entrance test held in accordance with the statutory rules in that regard. Her prayer in the present writ petition is that since a seat in the said course has now fallen vacant in Bangalore Medical College at Bangalore, the respondents be directed to concede to the prayer of the petitioner for her transfer from Karnataka Medical College, Hubli to Bangalore Medical College, Bangalore.

(2.) Learned Counsel appearing for the petitioner in support of the prayer has relied on the proviso to Rule 9(3) of the Karnataka Medical Colleges and Dental Colleges (selection for admission to Post-Graduate Courses) Rules, 1987 which reads as under:

(3.) Therefore, the conditions precedent for exercising the power to permit change of college are (i) that it can be given effect only before the last date specified by the Universities and (ii) on mutual basis on a joint representation made by two candidates.