Mohammad Rafiq, J. - (1.) Heard learned counsel for the parties. This writ petition has been filed at the instance of student Ms. Jyoti Jain who was originally admitted to study course of M.Sc. (Medicine) Bio -chemistry at Jawahar Lal Nehru Medical College, Ajmer. The petitioner, apart from applying for admission in the said study course at Ajmer also in response to the notification issued by S.M.S. Medical College, Jaipur applied for admission in the same study course of M.Sc. (Medicine) Bio -Chemistry at S.M.S. Medical College, Jaipur. She was although entitled to admission as per her standing in the merit but for the interim order dated 24.08.2005 passed by this court in S.B.C.W.P. No. 5765/2005 filed at the instance of one Ms. Neha, by which one seat was ordered to be kept vacant. Writ petition was eventually dismissed vide order dated 04.07.2006. Result of that was that one seat of M.Sc. (Medicine) became available with Jaipur college for the same academic year in which petitioner was already admitted at Ajmer. The petitioner made a representation to the principal and controller, S.M.S. Medical College and attached Hospitals Jaipur on 08.08.2006. The Principal and Controller aforesaid by his order dated 12.09.2006 granted admission to the petitioner in the said study course at Jaipur. However, request of the petitioner that the study period spent by her in the same subject earlier at Ajmer be counted towards her study at Jaipur was dealt with by the Principal as under: Since, the Hon'ble Rajasthan High Court has dismissed the S.B. Civil Writ Petition No. 5765/2005 -(Miss) Neha v/s. State of Rajasthan and others, hence one seat of M.S. (Med.) Biochemistry Course becomes vacant for the session 2005 -06. Accordingly, (Miss) Huma Praveen, who is already pursuing her M.Sc. (Med.) Anatomy Course for the session 2005 -06 at S.M.S. Medical College, Jaipur and waiting list No. 1 candidate for M.Sc. (Med.) Biochemistry Course for the session 2005 -06 has given her written consent to continue M.Sc. (Med). Anatomy Course for the session 2005 -06, therefore, in accordance with the Ordinance 278 -F of the University of Rajasthan, Jaipur the Waiting List No. 2 candidate, (Miss) Jyoti Jain, is hereby admitted in M.Sc. (Med.) Biochemistry Course for the session 2005 -06 from the date of her joining subject to the condition that her earlier period of training in M.Sc. (Biochemistry) at J.L.N. Medical College, Ajmer will not be considered/included in training period at S.M.S. Medical College, Jaipur in M.Sc. (Med.) Biochemistry course for which she is directed to make individual independent efforts for inclusion of her earlier period of training with the University of Rajasthan, Jaipur.
(2.) The respondents are now contesting the claim of the petitioner for counting period of study at Ajmer College towards her studies at Jaipur College. However, the Controller of Examination of the Rajasthan University of Health Sciences, to which both the Medical Colleges are now affiliated, by letter dated 14.02.2007 conveyed to the Principal of S.M.S. Medical College, Jaipur that since the admission of the petitioner for the said study course at Ajmer has not been finalized as yet, her request for counting the period spent at Ajmer from 22.09.2005 to 19.09.2006 cannot be considered at this stage. It is this decision which is subject matter of challenge in this writ petition.
(3.) Shri Prahalad Singh appearing on behalf of the petitioner has argued that the syllabus and curriculum for study course of M.Sc. (Med.) Biochemistry in both the colleges being the same, there is no reason not to count the aforesaid period towards the studies of the petitioner at Jaipur. It is argued that on account of order passed by the court, admission was not granted to the petitioner at Jaipur. Now that the seat which was kept vacant has become free and available due to dismissal of writ petition, the petitioner was admitted at Jaipur in her own right on merit. The Medical College at Ajmer as well as Medical College at Jaipur both are affiliated to the same University, namely, earlier with the University of Rajasthan and now with the Rajasthan University of Health Sciences. The plea that her registration for admission was not yet finalized and on that basis, rejection of her request to count the study period of study training at Ajmer from 22.09.2005 to 19.09.2006 towards studies in the same course at Jaipur Medical College is wholly arbitrary and unreasonable being violative of Article 14 of the Constitution of India.;