JAGRAM MANJHI Vs. STATE OF M P

JUDGEMENT

(1.) The singular and seminal question that emanates for consideration in the writ petition preferred under Article 226 of the Constitution of India is whether the petitioner, a student of Post Graduate Course in Diploma in Paediatrics in Gandhi Medical College, Bhopal is entitled to get himself transferred to G.R. Medical College, Gwalior on the foundation that he and one Dr. Rameshwar Patel had sought mutual transfer.

(2.) Sans unnecessary details the facts which are imperative to be exposited are that the petitioner was allotted a seat at Bhopal in the course mentioned hereinabove in the counselling held on 26-5-2007 and thereafter submitted an application for mutual transfer inasmuch as one Dr. Rameshwar Patel who was allotted a seat in G.R. Medical College, Gwalior wanted to go to Bhopal. As the said application was not dealt with the petitioner preferred a Writ Petition No. 3628/2007, wherein this Court directed the respondents therein to decide the representation by ascribing reasons within one month from the date of receipt of the order. The Competent Authority did not entertain the prayer for mutual transfer on the ground that Rule 21 (4) of the Medical & Dental Post Graduate Entrance Test, 2007 Conduct of Examination and Admission Rules (for short 'the Pre P.G. Rules') did not enable the petitioner to get the relief of mutual transfer.

(3.) It is contended in the petition that the ground of rejection is untenable inasmuch as the Rule must be allowed to have the acceptable free play since the petitioner could not have put the clock back as the counselling was conducted on 26-5-2007 whereas the cut off date prescribed under the Rules is 15-5-2007. It is averred that the Rules have to be followed in proper spirit and acceptable perspective and its effect should not be allowed to be nullified in a hyper technical ground as well as on a ground which remains in the realm of impossibility. On the aforesaid factual asseveration a prayer has been made for issue of writ of certiorari for quashment of order dated 12-11-2007, Annexure P-5, whereby the prayer for mutual transfer has been declined.