DR. (MRS.) SUDHA MATHUR Vs. THE STATE OF RAJASTHAN AND ANOTHER
LAWS(RAJ)-1996-8-113
HIGH COURT OF RAJASTHAN
Decided on August 23,1996

Dr. (Mrs.) Sudha Mathur Appellant
VERSUS
The State of Rajasthan and Another Respondents

JUDGEMENT

A.K. Parihar, J. - (1.) The petitioner, after having passed the Pre-Post Graduate Entrance Examination, 1995, was admitted to the Post Graduate Course in Gynae in S.M.S. Medical College, Jaipur, as per her preference given in the application. Petitioner is now seeking her transfer to S.N. Medical College, Jodhpur on her family circumstances and also on the ground that another P.G. Student, Dr. Mamta Shetrapal, who has been admitted to P.G. Course in S.N. Medical College, Jodhpur, has also sought her transfer from Jodhpur to Jaipur and on' mutual consent of both the candidates, the petitioner has prayed for the transfer in the present writ petition. Respondents in their reply have come out with the case that the petitioner was given admission as per her first choice, which was for S.M.S. Medical College, Jaipur and further, there is no provision for mutual transfer in P.G. Courses under the Rules and the Ordinance.
(2.) After having carefully gone through the record and hearing counsel for the parties, I am of the view that in absence of any Rules for mutual transfer in PG. Courses, no relief can be granted to the petitioner in the present case. Counsel for the petitioner has placed reliance on the judgment of this Court in the case of Anuj Garg v. State of Rajasthan and others, reported in 1993(2) RLR, Page 731 . That was a case of a student studying in First Year, MBBS and was decided in the facts and circumstances of that case. The counsel for the petitioner has also placed reliance in the case of Dr. Vandana Goyal v. The State of Rajasthan and others, reported in 1994 (2) WLC (Raj.), page 52 . In that case Dr. Vandana Goyal has sought transfer on the ground of health. The petitioner in that case was at the advance stage of pregnancy and there was none to look after her at Udaipur, as all the members of her in-laws and parents resided in Jaipur and in that case the writ petition was allowed by this Court. However, even otherwise, the petitioner has not been able to show any hardship in the present writ petition. Furthermore, in view of the observations, made by the Apex Court ion the case of Medical Council of India v. Tarun Vyas (Special Leave Petition No. 1985/1995), decided on 6.11.1995 , I am not inclined to interfere in the present matter. The writ petition is accordingly dismissed as having no force. Petition Dismissed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.