KUMARI APARNA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Dr. Kumari Aparna Singh is a doctor who has taken her education at Indore and passed her M.B.B.S. in the year 1991 from the M.G.M. Medical College, Indore. She has also completed her internship in October, 1992. She appeared at the post-graduate entrance examination for admission to Medical M.D./M.S. course conducted by the Professional Examination Board of M.P. and finally was selected to be admitted in subjects Obstetrics and Gynecology at G.R. Medical College, Gwalior. She had, however, given her first choice for being admitted in M.G.M. Medical College at Indore, but at the time of the admission according to the P.G. Admission Rules she could not be admitted at Indore in view of the more meritorious candidates being available at Indore.

(2.) After coming to know that a seat was lying vacant in M.G.M. Medical College, Indore because Dr. Miss Priti Mittal had not joined the course, she applied on 2-7-1993 to the Director Medical Education for admission to Indore on the ground that except her father there is no other male member in her family, her father and mother are both Government servants serving at Indore and her mother is shortly to undergo a major gynaec surgery requiring her presence at Indore. But despite her representation she was not transferred from Gwalior to Indore. Therefore, she has filed this petition seeking her transfer from Gwalior to Indore.

(3.) The State has in its return averred that there are no Rules for transferring a student from one college to another. There is one seat of Dr. Miss Priti Mittal vacant due to her non-joining the course, but for want of any rules for transferring a student from one college to another, the prayer of the petitioner was not considered. It has also been averred that as per P.G. 1992 Rules a College once allotted to a candidate cannot be changed. Therefore, on the basis of the Rules of Admission the petitioner was not given the admission.