- (1.) O. P. Jain, J. Heard Sri R. B. Singhal, learned counsel for the petitioner and Dr. Daya Shankar for respondents Nos. 1, 2 and 3.
(2.) THE petitioner is seeking transfer from Medical College, Gorakhpur to Medical College, Agra on the basis of G. O. dated 13-4-1993 Annexure '5'. THE petitioner claims that he has passed the 1st Professional Course of M. B. B. S. from Medical College, Gorakhpur in January, 1994. This fact is not admitted by the respondent. Whether the petitioner has passed the 1st Professional Examination is a matter which will be decided by the Director of Medical Education and Training, U. P. Lucknow. According to clause (5; of the G. O. THE Director of Medical Education has to consider all the applica tions strictly on merits to be determined on the basis of marks obtained in the 1st Professional Examination and also keeping in view the choice of the candi date and subject to availability of seat. In view of the above, the writ petition is allowed and a direction is issued to Director Medical Education and Training, U. P. Lucknow to decide the application for migration of the petitioner alongwith the applications sub mitted by other candidates in the year 1994 strictly on merits on the basis of marks obtained in the 1st Professional Examination and keeping in view the choice of the candidates and the availability of the seats. The petitioner shall submit an application before the Director on the prescribed form and shall also produce a copy of this order before the Director. The application will be considered on its own merits and will be treated as having been filed within a period of three months from the date of declaration of result of 1st Professional Examination. Petition allowed. .;