HANS PAL SINGH BHINDER Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) This judgment will dispose of two petitions Civil Writ No.l654/96 (Shri Hanspal Singh Bhinder v. University of Delhi and another) and CWP No-3686/96 (Miss Nidhi Sota v. University of Delhi and another). The petitioner in the first case is a resident of Delhi and after passing his 10+2 Examination appeared in Pre-medical Entrance Test (DPMT) for admission to MBBS/BDS Courses. He did not, however, succeed in that test and was not placed in the merit list.

(2.) The petitioner appeared in MBBS Entrance Test conducted by Manipal Academy of Higher Education (M.A.H.E.) and passed the said examination and was ranked at No.232 as will be indicated from the communication dated October 18, 1994 (Annexure P/6 to the writ petition). He joined the said course and passed the first professional Examinations from the above said University having obtained 55 per cent marks and was placed in the second class. The petitioner thereafter applied for transfer/migration from Kasturba Medical College, Manipal, Karnataka to another medical college under respondent No. 1, University of Delhi or any other college at Delhi. The application of the petitioner was rejected vide communication dated April 9, 1996. The same reads as follows:

(3.) Similarly in the other case the petitioner completed her class XiIIh Senior Secondary Examination in the year 1994 from Mater Dev Convent School, New Delhi and commenced her MBBS course in the academic year 1994-95 at Sree Siddhartha Medical College and Hospital, Tumkur, Karnataka under the Bangalore University. The said college, it is alleged, is recognised by Medical Council of India, respondent No.2 herein. The petitioner undertook her first MBBS course parts I & II examination of the Bangalore University held in February/ March, 1996. The petitioner and her parents arc the permanent residents of Delhi and it is alleged that since she had never resided in hostel accommodation and had undertaken her entire schooling as a Day Scholar in Delhi, it was extremely difficult for her to undergo the course of study away from her permanent residence. Consequently, the petitioner requested for migration to respondent No. I University as the Institute at Karnataka where she is presently studying has already given a certificate dated May 31, 1996 to the effect that it has no objection to the transfer of the petitioner to any other college. The case of this petitioner was also rejected vide communication dated September 20,1996.