N. Y. HANUMANTHAPPA, J. ( 1 ) THE petitioner who had secured 9133 per cent in the second year p. U. C. Sought admission to first year m. B. B. S. With a view to seek selection she appeared for the competitive examination conducted by government of Karnataka during the year 1988-89. In the said examination she secured 399th rank. In the application submitted by her regarding admission to first year m. B. B. S. , She preferred the following colleges: 1. Bangalore medical college, Bangalore; ( 2 ) ANY one of the recognised private medicalcolleges situated in Bangalore. ( 3 ) KEMPEGOWDA institute of medical sciences, Bangalore; ( 4 ) SRI devaraj urs medical college, kolar. 2. As the petitioner could not be allotted any college in Bangalore in view of her low ranking, a seat was allotted to her at devaraj urs medical college, kolar. Pursuant to the allotment, she attended classes. She completed her first year m. B. B. S. Course in first class, the course spreading over a period of 18 months. Because of her daily travel from Bangalore to kolar by bus every day to attend the college, she developed respiratory infection and was under treatment at gururaja nursing home, Bangalore. Certificate issued to that effect has been produced herein. As could be gathered from the certificate, she has been adviced to refrain from travelling to kolar. Later she found that Sri devaraj urs medical college, kolar is not recognised by Indian medical council. Accordingly she requested the principal, Bangalore medical college, Bangalore to admit her to the second year m. B. B. S. Course in the said college for the following reasons : (i) health ground; (ii) allotting her a seat in an unrecognised college though she had secured 91. 33 per cent in the qualifying examination as bad. 3. Similar application was also given to the state government. The state government rejected her request for transfer from Sri devaraj urs medical college, kolar to Bangalore medical college, Bangalore stating that the said college is not a recognised one. 33 per cent in the qualifying examination as bad. 3. Similar application was also given to the state government. The state government rejected her request for transfer from Sri devaraj urs medical college, kolar to Bangalore medical college, Bangalore stating that the said college is not a recognised one. Challenging the said Order, the petitioner filed this writ petition contending - (i) that the action of the state government in turning down the request of the petitioner for transfer from devaraj urs medical college, kolar to Bangalore medical college, Bangalore is arbitrary ; (ii) that when the petitioner claimed for allotment of a seat in any one of the government medical colleges situated in Bangalore or in the Bangalore medical college, she should not have been allotted a seat in devaraj urs medical college, kolar which is an unrecognised college; and (iii) that the authority should have taken note of the fact that by allotting a seat in an unrecognised institution, the authority would be inflicting on such students great hardship and injury. 4. It is further submitted that in the event of the Indian council of medicines eventually declining to recognise the college, the petitioner would become disentitled to seek employment in government institutions, which would be causing great hardship to the petitioner. ( 5 ) IN support of his contention, the learned counsel for the petitioner, Sri aswathanarayana relied upon a decision of High Court of Madras in V. Sadayappan v director general of health services, AIR 1990 Madras 302, wherein it was held as follows :"when it was admitted that, eventhough it was a recognised college, in relation to that course, it has not yet been recognised and thus, allotment of appellant to the said college to undergo the said course, was a gross irregularity committed by the concerned authorities. Undergoing a course in an unrecognised institution leads to innumerable difficulties to students. When grave consequences are to ensue by directing students to join colleges which are not recognised by Indian medical council; the concerned students will be put to considerable peril. The authorities were directed to allot the appellant to any one of the other colleges for which he has exercised option and which is recognised by the Indian medical council. When grave consequences are to ensue by directing students to join colleges which are not recognised by Indian medical council; the concerned students will be put to considerable peril. The authorities were directed to allot the appellant to any one of the other colleges for which he has exercised option and which is recognised by the Indian medical council. " ( 6 ) IN answer to these contentions, Sri n. b. n. swamy, learned high court government pleader submitted that none of the contentions raised by the petitioner has any merit. According to him, the petitioner is not entitled to get transfer from Sri devaraj urs medical college, kolar to Bangalore medical college or any other private recognised medical colleges at Bangalore for the reasons that as on the date of allotment of seats, ranking of the petitioner was lower than the other students who were allotted seats in the said colleges and therefore the petitioner was not entitled for a seat in Bangalore medical college or in any other private medical colleges situated at Bangalore and as such a seat under the government quota was allotted to her in devaraj urs medical college, kolar. The petitioner is also not entitled to seek transfer form devaraj urs medical college, kolar to Bangalore medical college after completing the 1st year course in devaraj urs medical college, kolar, thus having acquiesed with the allotment made to her. Even the rules relating to selection for admission to medical colleges do not permit such a transfer. Lastly, it is contended that if the request of the petitioner is now considered, it will amount to permitting transfer from an unrecognised college to a recognised which in law is not permissible. For these reasons, learned government pleader submitted that the writ petition may be dismissed. ( 7 ) LEARNED counsel for the second respondent supported the contentions of Sri n. b. n swamy. ( 8 ) AFTER hearing both sides, I am of the view that the petitioner is not entitled for the reliefs which she has now made for the following reasons: ( 9 ) NO doubt as far as the decision taken by the Madras high court in sadayappan's easel (supra), it should have been observed that whet students are allotted seats in an unrecognised college against their desire, it is proper for the authority concerned to allow their transfer to a recognised college. But in the instant case, the rank of the petitioner was 399 whereas the students who were allotted seats either in Bangalore medical college or other recognised private medical colleges in Bangalore had ranking higher than the petitioner. The allotment of the seat in devaraj urs medical college, kolar was in preference to the choice of the petitioner. The petitioner had on her own opted for a seat in devarat urs medical college, kolar, if her ranking could not fetch her a seat in any of the medical colleges in Bangalore. ( 10 ) EVEN on the ground of laches, the petitioner is not entitled for the reliefs because she successfully completed her first year m. B. B. S. Course in first class spreading over 18 months. Subsequently, she developed respiratory infection which inflicted her from travelling from Bangalore to kolar. ( 11 ) IT is clear that as on the date of selection she was aware of the rules for selection for admission. Knowing fully well the existance of such rules and having sought for admission to Sri devaraj urs medical college, kolar, she cannot now go back and say that the rules do not apply in her case. ( 12 ) OF course, the High Court of Madras in the decision referred to above, also took into consideration the principles laid down by the Supreme Court in the case of pradeep jain v union of india, AIR 1984 SC 1420 . Again it placed reliance on the decision of the Supreme Court in nageshwaramma v state of a. p. , AIR 1986 SC 1188 , wherein it is stated thus :"in the prospectus issued, reliance is placed on the decision in pradeep jain v union of india, AIR 1984 SC 1420 based on which entrance examinations are being conducted to enable meritorious candidates spread over the country to secure admission for specialisation in medical science. Cl. 5 therein deals with the eligibility criteria and one of the conditions imposed is that the applicant must be a candidate, who holds a recognised m. b. b. s. degree from an approved medical college or a foreign medical degree included in the schedules to the Indian medical council Act, 1956, and who has obtained full registration from it. Cl. 5 therein deals with the eligibility criteria and one of the conditions imposed is that the applicant must be a candidate, who holds a recognised m. b. b. s. degree from an approved medical college or a foreign medical degree included in the schedules to the Indian medical council Act, 1956, and who has obtained full registration from it. It is also further stipulated therein as follows : "the candidates who have obtained their m. b. b. s. degree from the medical colleges which are not recognised by medical council of India shall not be considered for admission. " ( 13 ) THEREFORE, when such a stipulation has been incorporated that only those who have passed out of approved/recognised medical colleges could apply; the admission to m. d. course could be only in respect of institutions which are recognised by Indian medical council, and if in respect of any particular course, the recognised institution had not obtained the approval/recognition; then no candidate could be allotted by the respondents to that institutions. Sufficient care ought to have been taken by the respondents in the publication of the prospectus and in calling for applications in relating to several courses, after ascertaining as to whether for a particular course, recognition had been granted by the Indian medical council to the concerned college. In respect of m. p. shah medical college, jam nagar, it is admitted that, event hough it is a recognised college, in relation to m. s. (ortho.) Course, it has not yet been recognised. Hence, allotment of appellant to the said college to undergo the said course, was a gross irregularity committed by respondents. There being no indication in the prospectus that for this course, it is not a recognised institution, he had no doubt given the first option for this college. Apart from the first option given to him, he had given seven other options which is permissible i. e. , they being colleges covered by code nos. B- 01, 02, 20, 23, 26, a-20 and b-21. Therefore, when he had given eight options, the respondents were duty bound to allot him to any one of the institutions, in which this course conducted by it is already recognised by the Indian medical council. Undergoing a course in an unrecognised institution leads to innumerable difficulties to students. B- 01, 02, 20, 23, 26, a-20 and b-21. Therefore, when he had given eight options, the respondents were duty bound to allot him to any one of the institutions, in which this course conducted by it is already recognised by the Indian medical council. Undergoing a course in an unrecognised institution leads to innumerable difficulties to students. If ultimately after undergoing some portion of the course of the entirety of the course, the course conducted by an institution is not recognised; the candidates cannot secure the degree. They cannot also secure employment. As rightly pointed out, after undergoing the course, if he is to practise claiming to have undergone m. d. course, he would be punished under Section 15 (3) of Indian medical council act. When such grave consequences are to ensue by directing students to join colleges which are not recognised by Indian medical council; the concerned students will be put to considerable peril. Admission of students into unrecognised institutions had been deprecated by the Supreme Court in nagesh waramma v state of a. p. , AIR 1986 SC 1188 . It was stated therein :". . . . TRAINING for a certain minimum period in a properly organised and equipped training institute is probably essential before a teacher may be duly launched. " ( 14 ) IT was also pointed out that passing of the examination would not be enough, and that if the court is to permit those who have studied in unrecognised institution to appear for examination, then the court will practically be encouraging and condoning establishment of unauthorised institutions. Therefore, it is highly improper where the said course is not recognised by tie Indian medical council. ( 15 ) (7) though learned counsel appearing for respondents, would submit that but for the option of the appellant, he would not have been allotted to the said college ; on what has been stated above, it was by misrepresentation made by respondents 1 to 3, he opted for the said college and only later on came to know that the course was being conducted by it without obtaining recognition of the council. In issuing the prospectus, respondents ought to have clearly indicated as to which are the course in these colleges recognised. In issuing the prospectus, respondents ought to have clearly indicated as to which are the course in these colleges recognised. Inspite of being put on notice, if an applicant choose to join an unrecognised college or a college which conducts an unrecognised course, then such an opposition could be raised. " ( 16 ) THE case of the petitioner in the instant case is that she sought admission knowing fully well that devaraj urs medical college is not a recognised one. It is not the case of the petitioner that students who secured lower rank than the petitioner were admitted to the Bangalore medical college or in any other college in Bangalore including kempegowda institute of medical science, Bangalore. It is not her case that either the government or other authority made her to believe that devaraj urs medical college, kolar is a recognised one. If really she wanted a change to which she was entitled to in law, would have definitely applied well in time without waiting for two years. Evenotherwise, the petitioner has not challenged the selection rules as ultra vires. In the absence of a challenge by way of filing the writ petition and the rules being held to be ultra vires pursuance to such challenge, the petitioner cannot now be heard to say that the rules do not apply to her. ( 17 ) IN the first instance, the petitioner wanted a seat even if it was in devaraj urs medical college, kolar. Now having got that, the petitioner wants to chance her arm in getting transfer to Bangalore medical college to which she was not eligible as of right, her ranking being lower than those who were allotted seats in Bangalore medical college or in any of the medical colleges in Bangalore. Thus the petitioner lacks equity. Law will only aid those who are diligent and forthright. Writ petition is accordingly dismissed. --- *** --- .