GAUTAM SHIRISHBHAI AMIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions involve common questions regarding transfer of a student admitted on the Donors seats in First M.B.B.S. in M. P. Shah Medical College Jamnagar to another Medical College in the State. In Special Civil Application No. 6593 of 1988 rule is already issued on 24-11-1988. Therefore rule is directed to be issued in Special Civil Application No. 6804 of 1988. The learned Advocates Mr. R. R. Tripathi and Mr. B. H. Mehta waive service of Rule for their respective clients. By consent of the learned Advocates both the matters are taken up for filial hearing today.

(2.) The petitioners have obtained admission to First M.B.B.S. class in M. P. Shah Medical College Jamnagar on the seats reserved for Donors; namely M. P. Shah Charitable Trust (respondent No. 4). At the time of that admission the petitioners had executed a bond which prescribes that the student shall diligently prosecute and complete the said course at the said college and shall not change the collage till he/she passes the final M.B.B.S. examination. 1t further provides as under:

(3.) The petitioners have sought transfer in accordance with the Government Rules and on the basis of their standing on merits; and they have expressed their willingness to abide by the term of payment of Rs. 7500.00 as provided in the bond. On behalf of the Government the learned Counsel for the Government has stated that the Government has no objection for transferring the petitioner on merits in accordance with law if the Trust gives consent for the same. In absence of such consent the Government is not prepared to consider the transfer of the petitioners.