Honble TIBREWAL, J.—All these petitions may be conveniently disposed of jointly as identical question of facts and law are involved in them. The principal question for decision is: Whether transfer of a medical student of First Year MBBS course from one Medical College to another in Rajasthan is permissible. If so, under what circumstances? (2). All the petitioners got admission in First Year MBBS course, after having passed the Pre-Medical Test (for short P.M.T.) of 1992. However, none of them was allotted S.M.S. Medical College, Jaipur, which was their first choice as place of study. (3). The first list of the selected candidates was made out by the admission Board on 9.01.1993, and the second list was declared on 25.02.1993. All the petitioners joined their respective colleges allotted to them. (4). The total strength for admission to MBBS course in S.M.S. Medical College, Jaipur was 150 seats. Out of this, only 102 seats were available to candidates of general category. As per the return of the respondents, 150 seats of S.M.S. College, Jaipur were allocated category-wise as under: — Government of India Nominee 4 seats Central PMT candidates 23 seats S.C. Candidates 12 seats S.T. Candidates 09 seats General Candidates 102 seats 150 seats In general category, 99 candidates were given admission in S.M.S. Medical College, Jaipur, after their interview vide office order dated 9.1.1993. Three seats were filled in absentia by the candidates who secured higher marks in P.M.T. and gave S.M.S. Medical College, Jaipur as their first choice. However, only one of them joined the course and the admission of other two candidates was cancelled on 21.1.1993 and 25.1.1993 respectively, as they did not join. Out of the above two vacancies, one was allotted to Mr. Tulsa Singhi as per second list issued on 25.2.1993 and the second seat was kept vacant for Miss Anju Garg, on the orders of this Court, in the writ petition filed by her. Subsequently, the writ petition was allowed and she was also given admission in S.M.S. Medical College, Jaipur. Thus, as per the return filed by the respondents, no vacancy in general category for admission in MBBS course was available in S.M.S. Medical College, Jaipur. (5). Subsequently, the writ petition was allowed and she was also given admission in S.M.S. Medical College, Jaipur. Thus, as per the return filed by the respondents, no vacancy in general category for admission in MBBS course was available in S.M.S. Medical College, Jaipur. (5). Turning to the question involved in these petitions relating to the transfer of medical students from one Medical College to another, it may be stated that this question is being agitated by the students every year after they fail to get the college of their choice. Therefore, I have given my careful and anxious consideration to the various aspect of the case in the light of the submissions made by the learned counsel, appearing for the parties. (6). It is not in dispute that Select Lists of the candidates for admission in Medical College of Rajasthan were prepared by the Admission Board applying the formula merit-cum-preference on the basis of marks obtained in P.M.T. The petitioners, who failed to get admission in S.M.S. Medical College, Jaipur, on the above formula want their transfer to that College on personal grounds and due to family circumstances. (7). An Expert Body, set up by the Medical Council of India, to make recommendations on Graduate medical Education examined the question of migration/transfer of medical students from one Medical College to another and one of the recommendations made by it related to the condition for eligibility to such migration/transfer. The relevant recommendations of the Expert Body, which were adopted by the Medical Council of India, are as under: — "V. Migration/Transfer of students from one Medical College may be allowed to migrate/transfer to another recognised medical college to another: (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 first 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. (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 per cent 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 migration/transferred students into any medical college should be sent to the Council forthwith." (8). The recommendations on Graduate Medical Education were given by an expert body of the Medical Council of India, which is entrusted with certain statutory functions relating to Medical Education by the Indian Medical Council Act, 1956. The Medical Council of India having chosen to accept the above recommendations, the same were adopted by the recognised Medical Colleges and the Universities. The above recommendations would show that the Expert Committee did not approve the movement of medical students from one College to another at the initial stage of their teaching; and inter-college transfer/movement of a student was restricted till his passing of First Year MBBS course and that too, with certain limitations. Such movement/transfers were aimed to meet contingency of genuine hardship of the students in certain circumstances without conferring on them any additional benefit after initial entry to a Medical College. The restrictions on migration/transfer of medical students suggested by the expert body and adopted by Medical Council of India were also inserted in Ordinances 85 and 86 of the Rajasthan University, which deal with inter-college transfers of students. The restrictions on migration/transfer of medical students suggested by the expert body and adopted by Medical Council of India were also inserted in Ordinances 85 and 86 of the Rajasthan University, which deal with inter-college transfers of students. The relevant part of 0.85 reads as under: — "Such a transfer shall be permitted in the case of MBBS course only within a period of three months after the candidate has passed the First MBBS examination (and at no other stage), provided that the number of students transferred to a Medical College shall not exceed the limit of 5% of its intake capacity subject to a maximum of 5 students in one year, and that both the medical colleges concerned are recognised by the Medical Council of India." O.86 provides for migration of students from a College outside the University. Its note runs as under: — "Note:— 1. In exceptional circumstances for reasons of health, transfer of guardian (or permanent change of residence of whole family to Rajasthan), Inter-University migrations to the MBBS course may also be permitted subject to the following conditions: — (a) The migration shall be from one Medical College to another Medical College provided both the colleges stand recognised by the Medical Council of India. (b) Migration shall be permitted to the Second MBBS course within a period of three moths of passing the First MBBS examination (and at no other stage). (c) The number of students migrating to a medical college affili-ated to the University during one academic year shall be kept to the minimum and in no case the total number of students so migrating shall exceed the limit of 5% of the total intake capacity of the college to which migration is sought subject to a maximum of 5 students in one year, provided that the aforesaid maximum limit of migrations shall be inclusive of Inter-College transfers as permissible under the foregoing O.85." The above Regulations, thus, make it clear that transfer of students from one Medical College to another during First Year MBBS Course, is not permissible at all. Even on mutual consent or hardship, such transfer is not allowed till passing of First Year MBBS course by the student, seeking transfers. Further, such transfers cannot exceed the limit of 5% of intake capacity of the concerned College with a maximum of 5 students in a year. Even on mutual consent or hardship, such transfer is not allowed till passing of First Year MBBS course by the student, seeking transfers. Further, such transfers cannot exceed the limit of 5% of intake capacity of the concerned College with a maximum of 5 students in a year. This limit is inclusive of migration from other Universities permissible under Order 86. (9). The Regulation/Ordinance permit migration/transfer of a medical student from one college to another to meet hardship arising from the circumstances for reasons of his health, serious ailment of the parents or other family circumstances depending on each case. All such circumstances can neither be visualized nor they can be restricted by enumerating them. Each case, on its merits, shall be examined objectively by the concerned Authority whenever migration/transfer is sought. For such consideration the initial, merit and the preference given by the students at the time of admission shall not be relevant. (10). In short, the rules of inter-college transfers of of medical students may be summarised as under:— (i) Such transfer shall not be permitted during First Year MBBS course. It may be permitted within a period of three months, after the candidate has passed his First MBBS examination and at no other stage: (ii) Such transfer shall not be allowed on mere asking in a routine manner but on exceptional circumstances of hardship, say, for reasons of health of a student, circumstances etc. It may be permitted within a period of three months, after the candidate has passed his First MBBS examination and at no other stage: (ii) Such transfer shall not be allowed on mere asking in a routine manner but on exceptional circumstances of hardship, say, for reasons of health of a student, circumstances etc. Each case shall be examined by the competent Authority objectively on its own merits; (iii) The total number of student so transferred to a medical college shall not exceed 5% of its intake capacity, subject to a maximum of five students in one year and this limit shall be inclusive of migrations from other Universities permissible under 0.86; (iv) The initial merit allotted to a candidate or the preference given by him at the time of admission, shall not be relevant for such transfer; (v) Transfers will be permissible only when both the concerned Medical College are recognised by the Medical Council of India, and; (vi) The decision of the concerned Authority in the matter of transfers shall be final and the Court shall not interfere in the exercise of such discretion, unless they are made with oblique motive or extraneous purposes or extraneous considerations or in contravention to Regulations /Ordinance/Guidelines issued by the Medical Council of India or University of Rajasthan; (vii) Cases not covered with the above rules will be referred to the Medical Council of India for consideration on individual merits. (11). In view of the aforesaid discussion, the prayer of the petitioners seeking mid-term Inter-college transfer in First Year MBBS course cannot be accepted. (12). The learned counsel for the petitioner, apprehending that mid-term transfer in First Year MBBS course might not be permissible alternatively concentrated their attack on the decision of the Admission Board making allotment of colleges On the basis of merit-cum-preference formula. It was contended by the learned counsel that the instructions/guidelines for admission in MBBS course for the year 1992 provided for consideration to the place of residence of the candidates, in addition to their merit and the preference given by them. Learned counsel urged that the place of residence of the candidates should have priority/preference in allotment of the place of study/college and the academic excellence or merit should be considered thereafter. Learned counsel urged that the place of residence of the candidates should have priority/preference in allotment of the place of study/college and the academic excellence or merit should be considered thereafter. In other words, the argument is that the academic excellence should be ignored and the students of Jaipur, should have been given preference to get admission in S.M.S. Medical College, Jaipur, even their merit was lower in comparison of students of other places. The basis of this argument is that the merit list is prepared for the sake of admission only and not for allotment of colleges and all colleges impart teaching to the students as per the prescribed course. The residence of a student should get preferences as it would be convenient to him/her and the family members. The inconvenience to a girl student would be still more when she is asked to join a college outside. It would also cause monetary hardship. (13). The above argument may appear attractive and plausible at the first instance, but on deep probing, it is without any merit or substance. If this argument is accepted then candidates of Jaipur only would get admission in S.M.S. Medical College, Jaipur though they might be much lower in merit or even at the bottom, and the choice of meritorious students, who are not residents of Jaipur, shall be frustrated. Such interpretation would be absurd and unreasonable. On the contrary, it shall be arbitrary and discriminatory. While considering this question, one can not overlook the fact that S.M.S. Medical College, Jaipur is attached with the biggest hospital in Rajasthan, which is better equipped and provides more facilities to the students as it caters maximum number of patients of all sort of diseases. The fact is that, by and large, the first choice of the student is always for S.M.S. Medical College, Jaipur. (14). It is true that the instructions/guidelines for the admission to Medical Colleges in Rajasthan, 1992 provided as under for allotment of the place of study: — "The admission Board after duly considering the place of residence, merit of candidate and preference given by the candidate in his/her application, shall allot to the selected candidate the various Medical College at its discretion." The reasonableness of similar guidelines came up for consideration before this Court in Miss Surbhi Jain v. State of Rajasthan and another (1). This Court, in the aforesaid case, laid emphasis that even while allotting the place of study, merit should play prominent consideration. It was observed by V.S. Dave, J.: — "The guidelines provided in clause IV-F, therefore, have to be interpreted in a manner that it serves the purpose for which they have been framed. Place of residence, merit and preference all the three words have been used not in alternative but conjunctively and a harmonious reading of the clause would lead to only one irresistible conclusion that merit and merit alone coupled with preference has to be given priority over the place of residence. The place of residence, therefore, is a secondary position and admissions cannot be based on the criteria unless the candidate himself chooses his own place of residence to be the place of study." (15). In Miss Meena Karnani V. State of Rajasthan and Ors. (2) and other three similar petitions decided on 06.11.1992 the view taken by the learned Single Judge in the above noted case was followed. After giving my careful consideration, I also agree with the view that while allotting the place of study the merit should play the prominent consideration and priority over the place of residence. (16) It may be stated that after the judgment in the case of Miss Surbhi Jain (supra), the Deputy Secretary, Medical and Health Department. Government of Rajasthan under his letter dated February 11, 1992, informed the Principal and Controller of all Medical Colleges about the decision of the Court to the effect that allotment of place to the candidates should be on the basis of merit and no change be made in the preference of the Medical College given by them. The principal and Controller of the Medical Colleges was directed to act in accordance with the directions of this Court. Subsequently, the Government of Rajasthan, Medical and Health Department, Jaipur issued fresh guidelines for allotment of colleges on 2.1.1993 which are as follows: — "The candidate will be allotted the colleges strictly on the merit basis as per the choice given at the time of interview. This selection of College will be given by the candidate in writing. The choice given at the time of filing of the form will be made use of in case of absentia allotment of the College. This selection of College will be given by the candidate in writing. The choice given at the time of filing of the form will be made use of in case of absentia allotment of the College. The candidate can also give their name for wait list for any vacancies to be created in future." Admittedly, the first list of the selected candidates for admission to MBBS (First Semester) of the various Medical Colleges in Rajasthan for the year 1992 was declared on 9.1.1993 and the colleges were allotted to the candidates in accordance with new guidelines issued on 2.1.1993. Thus, it cannot be said that the allotment of place of study to the candidates was made in violation to the guidelines/instructions. After issuance of new guidelines dated 2.1.1993, the argument is not available to the petitioners that as per residence and preference given by the petitioners they should be allotted S.M.S. Medical College, Jaipur. (17). One of arguments made by the learned counsel for the petitioners is that one Miss Anju Garg was given admission in the S.M.S. Medical College, Jaipur vide order dated 6.4.1993 even though her merit No. was 356 much less than the petitioners. Suffice it to say that the admission was given to Miss Anju Garg in compliance of the decision dated 22.2.1993 of this Court in S.B. Civil Writ Petition No. 606/93. If any of the petitioners is aggrieved by the said order they could have filed an appeal before the Division Bench against the decision of the learned Single Judge, but so far this bench is concerned no comments can be made. It is true that while deciding the case of Miss Anju Garg, this Court had taken into consideration her place of residence and other genuine hardship and she was ordered to be transferred from Ajmer to S.M.S. Medical College, Jaipur. In that judgment, the criteria of select list was not challenged, nor guidelines were considered by the Learned Single Judge, less to say the last guidelines issued on 2.1.1993. (18). It was also contended by the learned counsel for Hemant Vyas that his merit No. was 158 and he had given first preference to S.M.S. Medical College, Jaipur but he was not allotted that college, while one Kushal Singhvi having merit No. 161 was given admission at Jaipur in the second list dated 25.2.1993 and he was shifted from Udaipur to Jaipur. In reply to this, learned counsel appearing for the respondents contended that firstly, Mr. Tushar Singhi is not a party in this writ petition and till his admission is set aside, no seat is available at Jaipur. It was also contended that the admission of Tushar Singhi at Jaipur was proper and in accordance with instructions/guidelines. Both Mr. Singhi and Mr. Hemant Vyas had secured 923 marks and as per the guide lines candidates securing equal number of marks in P.M.T. are to be admitted in the following order of preference : — "Candidates securing equal number of marks in the Pre Medical Test will be admitted in the following order of preference: — (i) One who has secured more marks in the Science subject of First Year examination of the Three Year Degree Course or its equivalent examination. (ii) Among candidates securing equal number of marks in the First Year Examination of the Three Year Degree Course or its equivalent ex-amination as also, those who have passed in less number of attempts will be given preference. If there is a further tie, candidates securing more marks in Higher Secondary Examination or its equivalent examination will be given preference." As Mr. Singhi has secured more marks in Science subjects of First Year Examination of Three Year Degree Course, he had the preference over the petitioner Hemant Vyas. Therefore, this contention is also without any merit. (19). For the petitioner Ashutosh Garg, it was also contended that the petitioner was given admission in the Medical College, Ajmer and he had joined the College there. Subsequently, on account of his fathers serious ailment, he was under great mental stress and he had requested to the Convenor of the Admission committee vide his communication dated April 16, 1993 to give him admission in B.D.S. at Jaipur, in place of M.B.B.S., as he wanted to take care and serve his father. However, he realised immediately that this step would seriously prejudice his future career. He, therefore, immediately intimated to the College Authorities vide his letters dated 19.4.1993 and 5.5.1993, requesting them to treat his earlier request made vide letter dated 16.4.1993 for giving him admission in B.D.S., as withdrawn. But, before the second desire of the petitioner could reach to the Admission Board, he was shifted from MBBS course and given BDS at Jaipur. He, therefore, immediately intimated to the College Authorities vide his letters dated 19.4.1993 and 5.5.1993, requesting them to treat his earlier request made vide letter dated 16.4.1993 for giving him admission in B.D.S., as withdrawn. But, before the second desire of the petitioner could reach to the Admission Board, he was shifted from MBBS course and given BDS at Jaipur. The learned counsel, therefore, submitted that, in any case, the petitioners request to allow him to continue his MBBS course at Ajmer, instead of BDS, should be accepted and necessary direction be given to the Admission Board. For this request, it may be stated that the Admission Board shall consider this prayer of the petitioner sympathetically within two weeks, on filing a certified copy of this order by him, in case there is no impediment in again shifting him to MBBS courses at Ajmer. (20). Judged from any angle, all these petitions are devoid of any force and they are hereby dismissed. Parties are left to bear their own costs, in the facts and circumstances of the case. A copy of this order be sent to the Convenor of the Admission Board-cum-Principal & Controller, S.M.S. Medical College, Jaipur, for his information and future guidance.