RAJAN SETH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS petition was finally heard with the agreement of both the parties at the stage of admission.

(2.) IN the year 1988 the petitioner, Rajan Seth, was admitted in the Maharani Laxmi Bai Medical College, Jhansi, for four years' M.B B S. Course. On 26-8-1991, the petitioner made a representation to the Principal, G.S.V.M Medical College, Kanpur,, respondent no 3, seeking his transfer to G S.V M. Medical College, Kanpur on the ground that he was suffering from Allergic Bronchitis and for that ailment he was under the treatment of Dr. Saxena, Assistant Professor of Medicine, G S V.M. Medical College, Kanpur. It was further stated that his father too was sick and was convalescing at Kanpur and petitioner, being the only son, had to be stationed there for looking after his ailing father and family. The aforesaid request of the petitioner could not meet success. Accordingly he filed Writ Petition No. 25479 of 1991. By an order dated 10-9-91, the respondents were directed that "subject to eligibility of the petitioner and subject to availability of any vacancy in 5% quota, the petitioner shall be admitted provisionally in G S V.M. Medical College. Kanpur in Second Professional M.B BS. Course." It may be noted here that the petitioner had already appeared and passed the First professional MBBS. Examination on 24-8-1991 from Maharani Laxmi Bai Medical College, Jhansi.

(3.) THE respondents' contention is that since only 9 seats can be filled by transfer from other colleges, all the 9 seats have already been filled up by the students on transfer from other Medical Colleges and since there is no vacancy, the petitioner cannot be accommodated.