Brijesh Kumar, J. - (1.) THIS petition arises out of the refusal by the State Government to transfer the petitioner, who is pursuing the M.B.B.S. Course in Jhansi Medical College, to King George Medical College, Luck -now. The petitioner; had applied for his transfer on the ground of his illness. The learned Standing Counsel has placed before us the relevant record. From a perusal of the same we find that the representations made by the petitioner and, on his behalf, by his father, have been rejected by the State Government mainly on two grounds The first ground was that according to the directions and guide -lines issued by the Medical Council of India, no student could be transferred from one Medical College to the other unless he clears the first professional course. We find that the State Government was justified in not accepting the request of transfer on the said ground. However, as mentioned in paragraphs 20 and 21 of the writ petition that ground is no more there since the petitioner has now cleared the first professional course. The second ground was that according to the policy adopted by the State the facility of transfer was available to the girl students alone. In this connection we may observe that in several other cases, decided earlier, by this Court it has been held that it will not be justified to refuse transfer merely on the ground that it is not permissible for male students. Once transfer is permissible, there be reasonable and compelling reasons to justify the transfer of even boy students. The petitioner has filed a copy of the letter issued by the Principal, Jhansi Medical College as annexure -2 to the writ petition saying that he has no objection incase of transfer of the petitioner to any other College. Annexure -4 to the writ petition is a letter issued by the Director, Medical Education & Training, Uttar Pradesh, Lucknow, recommending to the Government for transfer of the petitioner to King George Medical College, Lucknow, Again we find that there is a letter of the Principal, King George Medical College, Lucknow, saying that there will be no objection in case of transfer of the Petitioner to King George Medical College, Lucknow.
(2.) LOOKING to the above facts and circumstances, we feel that it would be appropriate if the petitioner is transferred from Jhansi Medical College to King George Medical College, Lucknow, in the second professional course which is to commence in the month of March, 1989, subject to availability of seat in the second professional course. The writ petition stands finally disposed of in the manner indicated above.;