JUDGMENT S.D. Agarwala, J. - Petitioner, Km. Ruchi Luthra is a student of M.B.B.S. She was admitted initially in the B.R.D. Medical College, Gorakhpur. She passed her First Professional M.B.B.S. Examination from the Gorakhpur Medical College in April, 1985. After passing her First Professional Examination, since the petitioner's father was heart patient and was a resident of Allahabad, she made an application for her transfer from B.B.D. Medical College, Gorakhpur to the Moti Lal Nehru Medical College, Allahabad, By an order dated 30th October, 1985 issued by the Government of Uttar Pradesh, the petitioner was transferred from Gorakhpur Medical College to Medical College, Allahabad. Till 5th November, 1985 the petitioner attended her classes of the Second Professional in the Medical College, Gorakhpur and on 7th November, 1985 she joined the Medical College at Allahabad. After 7th November, 1985 she continued to attend her classes in Second Professional. 2. The examination of Second Professional in the Medical College, Allahabad were to be held on 4th December, 1986. Since the petitioner was not permitted to appear in this examination, the petitioner filed the present writ petition in this Court for a writ of mandamus directing the Principal of the Medical College, Allahabad to permit the petitioner to appear in the Second Professional Examinations scheduled to be held from 4th December, 1986. This petition was filed on 3-12-1986. On that date an interim order was passed by this Court directing the Principal of the Medical College, Allahabad to permit the petitioner to appear in the Second Professional scheduled to be commenced from 4th December, 1986. This permission was provisional and was subject to further orders to be passed by the Court. 3. In pursuance of the interim order passed by this court the petitioner was permitted to appear in the examination. 4. The petitioner has been contested by the Principal of the Medical College, Allahabad as well as the University of Allahabad solely on the ground that the petitioner had to attend the classes for i8 months in the Medical College, Allahabad before she could be permitted in the Second Professional Examination and that the classes attended by the petitioner in the Medical College, Gorakhpur could not be counted towards that period. It is not disputed that if the classes attended by the petitioner in the Medical College, Gorakhpur are taken into consideration, then the petitioner would have completed her attendance of 18 months, when the examination was held on 4th December, 1986. In view of the stand taken by the respondents, the only question to be decided in this petition is whether the petitioner can be permitted to take into account the classes which she attended in the Medical College at Gorakhpur before her transfer to Allahabad. 5. The recommendations of the Medical Council of India on Graduate Medical Education adopted by the Medical Council of India iN March, 1981 have been produced before us. Both the petitioner as well as the college admit that these recommendations are applicable to the Graduate Medical Education. Clause (V) of these recommendations relate to migration/transfer of students from one Medical College to another. They are as follows "(a) A student studying in a recognised Medical College may be allowed to migrate/transfer to another recognised medical college under another/same university. (b) The migration/transfer can be allowed by the University concerned within three months after passing the 1st professional examination, as a rule. (c) Migration/transfer of students during the course of their training for the clinical subjects should be avoided. (d) The number of students migrating/transferring from one medical college to another medical college during one year will be kept to the minimum so that the training of the regular students of that college is not adversely affected. The number of students migrating/ transferring to/from any one medical college should not exceed the limit of 5% of its intake in any one medical college in one year. (e) Cases not covered under the above regulations are to be referred to the Council for consideration on individual merits. (f) An intimation about the admission of migrated/transferred students into any medical college should be sent to the Council forthwith." 6. In clause (VI) the subjects to be taught in 1st professional, namely, Phase I has been enumerated. In clause (VII) subjects to be taught in second professional, namely, phase II have been enumerated. In both these phases it has been provided that so far as 1st phase of study is concerned, it should be a duration of 15 months. It has been further 'provided that II phase of study shall be taught for a period of 18 months. In both these phases it has been provided that so far as 1st phase of study is concerned, it should be a duration of 15 months. It has been further 'provided that II phase of study shall be taught for a period of 18 months. 7. Reading the conditions laid down for transfer along with clauses VI and VII, it is clear that an application for transfer has to be made by a candidate within three months, after passing the 1st professional examination and that second professional course is to be of 18 months duration. In the Rules of the Medical Council of India it has not been provided that the period of 18 months has to be in the college where the candidate has been permitted transfer. Only the total period of course has been provided. In our opinion, consequently the period of study in the college from which a candidate is transferred can also be added to the period of study in the medical college in which the candidate is transferred but the total period of study has to be 18 months. If such an interpretation is not made, then serious prejudice is likely to be caused to a candidate who seeks transfer. The application for transfer has to be made within three months of the passing of the 1st Professional Examination and thereafter the Government takes a couple of months before permitting transfer. It could not have been intended that the effect of the transfer should be that the candidate who seeks transfer should lose his year or should be made junior to his batch. If the period of 18 months has always to be taken from the date a candidate joins the transferred college, then for such a candidate the period would automatically increase to many more months beyond 18 months. In the circumstances, it would be reasonable to interpret that the total of 18 months should be calculated adding also the period spent by the student in the college from which he has been transferred. 8. Learned counsel for the respondents, however, has vehemently relied on the actual order of transfer which has been filed as Annexure-2 to the petition. In the circumstances, it would be reasonable to interpret that the total of 18 months should be calculated adding also the period spent by the student in the college from which he has been transferred. 8. Learned counsel for the respondents, however, has vehemently relied on the actual order of transfer which has been filed as Annexure-2 to the petition. The relevant words of the order of transfer which is the bone of contention between the parties are as follows : " mi;qZDr fo"k; esa eq>s vkils ;g dgus dk funsZ'k gqvk gSa fd :fp ywFkjk ds izkFkZuk&i= esa mfYyf[kr rF;ksa ,oa ifjfLFkfr;ksa ij lE;d :i ls fopkjksijkUr jkT;iky egksn; dq0 :fp ywFkjk Nk=k ,e0ch0ch0,l0 f}rh; izksQs'kuy esfMdy xksj[kiqj dh esfMdy dkyst LFkkukUrfjr fd;s tkus dh vuqefr bl izfrcU/k ds v/khu iznku djrs gSa fd dq0 :fp ywFkjk dks esfMdy dkyst] bykgkckn esa ,e0ch0ch0,l0 ds f}rh; izksQs'kuy dkslZ ds izFke VeZ esa izos'k fn;k tk;sxk vkSj esfMdy dkyst] bykgkckn esa izos'k ds 18 ekg i'pkr~ gh mUgsa f}rh; izksQs'kuy dkslZ dh ijh{kk esa lfEefyr gksus dh vuqefr nh tk;sxkhA " 9. Strong reliance has been placed by the learned counsel for the respondent on the last sentence used in the transfer order, which according to him states that the petitioner could be permitted to appear in the second professional examination only after 18 months from the date of admission in the Medical College at Allahabad. In our opinion reading as a whole the letter of transfer, the word `prevesh' used in the last sentence does not refer to the `prevesh' in the Medical College at Allahabad but means the `pravesh' in the second professional course. If the word `Pravesh' is taken to be related to the second provisional course, then from this letter also it is clear that what was meant by the State Government was that the candidate would be permitted to appear in the second professional examination held by the Medical College, Allahabad after 18 months of the admission in the second professional course, which in our opinion, would include both the period spent in Gorakhpur as well as in Allahabad. On an examination of the rules framed by the Medical Council of India as well as the intention behind the order of transfer passed on 30th October, 1985, in our opinion, the word `Pravesh' cannot be read as meaning `Pravesh in the medical college at Allahabad'. On an examination of the rules framed by the Medical Council of India as well as the intention behind the order of transfer passed on 30th October, 1985, in our opinion, the word `Pravesh' cannot be read as meaning `Pravesh in the medical college at Allahabad'. Such an interpretation would go contra to the entire process of medical education laid down under the Rules of the Medical Council of India. 10. Learned counsel for the respondent Medical College has, however, vehemently urged that it has been the practice of the college to insist on 18th Months study in the college at Allahabad after the transfer, and interpretation should be made so as to be in accord with the practice and not contrary to it. In support of this argument, learned counsel has further relied upon the decision given in Civil Appeal No. 2928 of 1986, State of U.P. v. D. K. Singh and others decided by the Hon'ble Supreme Court on 26th August, 1986 wherein it was only observed as follows : - "We also notice that admissions to post graduate courses in all medical colleges in Uttar Pradesh are made once a year only and never twice year. We do not think that the authorities can be said to have acted arbitrarily and unreasonably in not departing from the practice which they had invariably been following. When an academic year should commence and when it should end is eminently a matter for the education authorities and not for the Court." 11. The matter which was with the Supreme Court was regard to the dispute as to when Post Graduate Medical Courses in the college are to commence. It was in that context that the Supreme Court had observed as quoted above. 12. In the instant case in paragraph 2 of the supplementary counter affidavit of Anil Kumar filed on behalf of the Medical College, Allahabad it has been stated that in earlier years Rachna Bhatnagar, Shubha Pandey, Nisha Munsif and Vidhu Gupta were transferred to this college in different months of the year 1979. They were allowed to appear in the next examination after they completed 18 months from the date of admission to the college. It has been further said that G.C. Singh was transferred in January, 1980 and he was allowed to appear in the examination after 18 months. They were allowed to appear in the next examination after they completed 18 months from the date of admission to the college. It has been further said that G.C. Singh was transferred in January, 1980 and he was allowed to appear in the examination after 18 months. Similarly it has been stated that Anupam Jaiswal came to this college in October, 1985 and she was not allowed to appear in the second professional examination in November/December, 1986. In the supplementary counter affidavit it has not been stated as to whether any of the candidates whose instances have been quoted had already completed certain period of the course in the college from which they have been transferred. No details have been given and as such it cannot be said that in the case of students who have already completed a period of course in the college from which they have been transferred, were also treated in a similar manner as stated. In the circumstances, the view which we have taken cannot be said to be a departure from any consistent practice followed by the medical college. 13. Even for the argument sake, if it is taken that the college had been insisting on 18th months course after transfer even after the student has completed a number of months' course in the college from which the student had been transferred, in our opinion that will be contrary to the Rules framed by the Medical Council of India and such a practice can be permitted to continue any long. This practice, if at all, would result in serious pre judice to the career of the candidates and the invariable result would be to make them junior to the batches in which they were selected which is falsely to affect their entire career. 14. As I have already stated, the petitioner had already appeared in pursuance of an interim order passed by this court in the examination held on 4th December, 1986. 15. In the result, we allow the petition and issue a direction to the University of Allahabad to declare the result of the petitioner in Second Professional which was held December, 1986. The parties are directed to bear their own costs.