SANJAY KHATRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has joined M.B.B.S. course at Sardar Patel Medical College, Bikaner on 27.2.92. After completing first year M.B.B.S. Course in the month of September, result of which was declared in November, 93, the petitioner applied for his transfer to S.P. Medical College, Bikaner within the time prescribed for such transfer. The petitioner also obtained a No Objection Certificate from the Government as well as from the S.P. Medical College, Bikaner which disclosed that the admission of the petitioner to S.P. Medical College, Bikaner will be within the 5% intake capacity of the said college. This N.O.C. is dated 3.12.93. Both the N.O.Cs. Annexure 3 dated 3.12.93 and Annexure 4, dated 7.1.94 were placed before the Principal, S.N. Medical College, Jodhpur. However, the petitioner alleges that Principal, S.N. Medical College, Jodhpur is not so far taken any action for issuing a mandamus to the respondent No. 4 in this regard.

(2.) THOUGH , no reply has been filed but it has been stated by the learned Counsel for the respondent as well as the Officer Incharge, who is present in person in Court, that the application of the petitioner has not been considered because the S.N. Medical College has already permitted 5% of its intake capacity of students to be migrated to the other college in Rajasthan and under the Rules it is not permissible for the Principal, S.N. Medical College, Jodhpur to permit migration from its college beyond 5% of its intake capacity.

(3.) IT would be relevant to refer to ordinance 85 and 86 of the University of Rajasthan to which the concerned colleges are affiliated and are relevant for the present purposes of dealing the transfers: