SURAJ KHANAL Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) (Oral) - This appeal has been filed against the judgment of the learned Single Judge dated 16.3.94 passed in Civil Rule No. 800 of 1994.

(2.) We have heard Mr. RP Sharma, counsel appearing for the petitioner/ appellant and Mr. Chaliha, Government Advocate appearing for the State of Assam. It is represented that the writ appeal may be finally disposed of at the admission stage.

(3.) The short point involved in the present appeal is that the petitioner-appellant admittedly had been selected on the basis of joint entrance test, which was held for admitting students to the three Medical Colleges in the State of Assam. However, the petitioner-appellant was allotted seat in the Silcbar Medical College. According to the petitioner while filling up the application form, he had given the first preference for getting admission in the Gauhati Medical College, the second preference was for getting admission in Assam Medical College, Dibrugarh and the last preference of petitioner was for admission in Medical College, Silchar. The petitioner-appellant after getting himself admitted in the Silchar Medical College, applied for his transfer to the Gauhati Medical College which admittedly is permissible. The prayer of the petitioner-appellant, however, was rejected. Thereafter, Civil Rule No. 800 of 1994 was filed challenging the decision of not allowing the prayer for transfer of the petitioner to the Gauhati Medical College by the respondent.