R. A. MEHTA, J. ( 1 ) BOTH these petitions involve common questions regarding transfer of a student admitted on the Donors seats in First M. B. B. S. in M. P. Shah Medical College Jamnagar to another Medical College in the State. In Special Civil Application No. 6593 of 1988 rule is already issued on 24-11-1988. Therefore rule is directed to be issued in Special Civil Application No. 6804 of 1988. The learned Advocates Mr. R. R. Tripathi and Mr. B. H. Mehta waive service of Rule for their respective clients. By consent of the learned Advocates both the matters are taken up for filial hearing today. ( 2 ) THE petitioners have obtained admission to First M. B. B. S. class in M. P. Shah Medical College Jamnagar on the seats reserved for Donors; namely M. P. Shah Charitable Trust (respondent No. 4 ). At the time of that admission the petitioners had executed a bond which prescribes that the student shall diligently prosecute and complete the said course at the said college and shall not change the collage till he/she passes the final M. B. B. S. examination. 1t further provides as under:"in the event of the student committing a breach of any of the above terms and conditions the whole of the amount of Rs. 7500. 00 or such lesser sum as the Trustees may in their absolute discretion decide shall become payable by the student to the Trustees forthwith". The bond also provides that such sum could be handed over to the trustees to the college for the purpose of spending the said amount for further research ill medicine or to spend the said amount for the improvement of medical service in the rural area or for any other benevolent purpose as the trustees may direct. ( 3 ) THE petitioners have sought transfer in accordance with the Government Rules and on the basis of their standing on merits; and they have expressed their willingness to abide by the term of payment of Rs. 7500. 00 as provided in the bond. On behalf of the Government the learned Counsel for the Government has stated that the Government has no objection for transferring the petitioner on merits in accordance with law if the Trust gives consent for the same. In absence of such consent the Government is not prepared to consider the transfer of the petitioners. 00 as provided in the bond. On behalf of the Government the learned Counsel for the Government has stated that the Government has no objection for transferring the petitioner on merits in accordance with law if the Trust gives consent for the same. In absence of such consent the Government is not prepared to consider the transfer of the petitioners. ( 4 ) ON behalf of the respondent No. 4-Trust it is submitted that they do not consent to any such transfer. However no reasons for not giving consent are given except that it is a matter of poling that they would not give consent in any case. ( 5 ) THEREFORE the question that arises is whether such a consent is necessary and when no such consent is given or expressly refused whether the Government is entitled to consider such cases according to. Rules and on merits. ( 6 ) THE Medical Council Rules regarding transfer of a student from one Medical College to another are produced at Annexure F to Special Civil Application No. 6593 of 1988 It provides that a student studying in a recognised medical college may be allowed to migrate/ transfer to another recognised medical college under another/same University and such migration/transfer can be allowed by the University concerned within three months after passing the 1st professional examination as a rule. ( 7 ) THE Government Resolution on the subject is dated 26-9-1982 at Annexure D. It recites that after careful consideration of the matter the Government has decided to prescribe the Rules for transfer/migration of students from one medical college to another medical college within the State and from the recognised medical colleges of the other States to the Government Medical Colleges in the State. They are as follows:rule 1: Transfer of medical students from one medical college to another shall be allowed only after the passing of the first professional examination i. e. first MBBS at first attempt. 2 Such transfer will be allowed only during the first term of 2nd MBBS course. 3 Transfer to and from the medical college will be limited to 52 of the in take capacity of the medical college concerned. 4 The ratio between transfer of regular batch students and repeater batch shall be 3 : 1. 2 Such transfer will be allowed only during the first term of 2nd MBBS course. 3 Transfer to and from the medical college will be limited to 52 of the in take capacity of the medical college concerned. 4 The ratio between transfer of regular batch students and repeater batch shall be 3 : 1. 5 Merit for the purpose of (inter-University) transfer will be based on the marks obtained at the 1st MBBS University examination. 6 Separate merit lists should be prepared in respect of applications for transfer from the medical college within the State and from the medical colleges outside the State. Applications for transfer from outside the State shall be considered after first finalising applications of transfer in respect of candidates from the medical colleges within the State. 7 Applications for transfer will be considered immediately after passing the 1st MBBS examination within one month from the beginning of the terms of concerned medical college where the admission is sought. 8 The application for transfer will have to be accompanied by: (A) Certificate of eligibility from the University to which the college is affiliated in Gujarat State. (B) No objection certificate from the institution or the State concerned which may have imposed any condition or stipulation of bond by virtue of which the students may have to undergo compulsory period of service in consideration of scholarship stipends etc. ( 8 ) FROM the aforesaid reading of Medical Council Rules and Government Resolutions on the subject of such transfers it is clear that the student admitted on Donors seat is not excluded from being eligible nor is such eligibility made conditional on the consent of the Donor-Trust. Para 8 (b) also does not help respondent No 4-Trust and the Government because it is not the no objection certificate contemplated from the Trust because that clause provides for no objection plated from the institution (Medical College of the State concerned which may have imposed any condition or stipulation or bond for compulsory period of service and in consideration of scholarship stipend etc. The Government Resolution refers to the earlier Rules dated 27 Those Rules were the subject matter of consideration in a group of writ petitions being Special Civil Application No. 3950 of 1981 and others decided by A. M. Ahmadi J. on 23-12-1982 in the case of Bhadresh D. Naik v. State of Gujarat and Ors Para 11 of those Rules expressly laid down that a student admitted on the Donors seat to the M. P. Shah Medical College Jamnagar will not be allowed transfer from Jamnagar to any other Medical College since Donors seats are available at Jamnagar only. This para 11 was sought to be added by amendment after the last date for receipt of application for transfer and the Court held that the petitioners in those petitions were entitled to admission on transfer under the existing Rules and this amended Rule by way of para It would not apply to them. Thereafter after the aforesaid judgment dated 3-12-1982 while the Government issued the present Government Resolution dated 26-9-1983 the Government has not incorporated that para 11 in the present Rules showing a conscious departure. In that case at the time of making applications for transfer there was no para 11 prohibiting such transfers. Even today there is no such Rule prohibiting such transfers. Therefore factually the position of law and the Rules remain identical that there is no Rule prohibiting such transfers and therefore the stand of the Government that in absence of the consent of the Trust such transfers cannot be permitted is without any legal basis. ( 9 ) ON behalf of respondent No. 4-Trust it is submitted that this petition arises out of the contract and the petitioner who is out to commit breach of the contract cannot be given any relief and this petition is not maintainable. There is no substance in this contention. The petition is directed against the state authorities of the respondents to enforce the Government and Medical Council Rules regarding transfers and on the ground that non-consideration of the petitioners case by the Government is illegal and contrary to the Rules. Such petition is clearly maintainable. ( 10 ) IT is true that the petitioners are out to commit breach of the contract and the promise given by them But they are prepared to take the consequences of such breach provided in the bond. Such petition is clearly maintainable. ( 10 ) IT is true that the petitioners are out to commit breach of the contract and the promise given by them But they are prepared to take the consequences of such breach provided in the bond. The bond provides for payment of Rs. 7500. 00 to the Trust and each of these petitioners agree to pay the same and they undertake in this Court to remit the said amount within 15 days by demand draft to the respondent Trust. Therefore it is in compliance with the agreement that the breach is sought to be remedied. On the other hands the Donor-Trust which refuses to give consent has no reason for withholding such consent except that it does not give consent in any such case. ( 11 ) HAVING regard to the aforesaid discussion it is clear that the refusal of the Government to consider the case of such students who have been nominated on Donors seats and obtained admission to the reserved seat of Donors are eligible entitled to be considered for transfer in accordance with Rules on their merits. ( 12 ) IN the result both these petitions succeed and rule is made absolute by directing that the Government shall consider the cases of such students irrespective of the fact whether prior permission of the Trust is obtained or not. Such students when permitted to be transfered in other colleges in the State have so far attended the college at Jamnagar and would be attending other college after the transfer is permitted. In such circumstances if there is any deficiency in attendance the authorities will give due consideration to the facts and circumstances of the case in accordance with law. Rule made absolute with no order as to costs. (KM V) rule made absolute. .