P.P.Gupta - (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. The petitioner produced a certified copy of the aforesaid order before the Principal. G.S.V M. Medical College, Kanpur, on the very next day. i. e on 11-9-91. The Principal of the College wrote a letter to the Director of Medical Education and Trailing. U. P., Lucknow, respondent no. 2, (Annexure T to the writ petition) seeking his guidance in the matter. It is mentioned in this letter that there are 191 seats in the Medical College at Kanpur According to the view of the respondents only 9 seats will come within 5% quota for accommodating the students on transfer from other colleges. Thus, only 9 seats represent the quota of 5%, as has been prescribed by the Indian Medical Council and as directed by this Court also in its interim order dated 10-9-1991. The contention of the petitioner is that the aforesaid stand taken by the respondents is absolutely illegal. 5% of 191 seats comes to 9.55. According to settled law and the practice,, in working out a number, the fraction which is less than 0.5 has to be ignored Since the figure in the present case comes to 9 55, it has to be rounded off to make it 10 seats.
(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. It was argued before me that since 5% of 191 comes out to 9 55 and if the fraction, which is closer to 1, is rounded off to 1, the number of seats to be filled up by the transfer from other colleges will come in 10. Since only 9 seats have been filled rap and one seat is still lying vacant, the petitioner can very well be accommodated in that available seat.;