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1993 DIGILAW 540 (RAJ)

Dr. Vandana Goyal v. State of Rajasthan

1993-09-03

N.L.TIBREWAL

body1993
JUDGMENT 1. The petitioner, after passing MBBS Examination and completing Rotating Internship, in April, 1992 appeared in Pre-Post Graduate Entrance Test conducted by the University of Rajasthan, in the year, 1992. As per the averments made in the petition, her merit was at S. No. 228-1. Initially, the petitioner did not get admission either in Post-Graduate Course or in Diploma Course but, on reshuffling, she was admitted in Diploma Course in the Speciality of Diploma in Child Health (D. C. H.) and was allotted R. N. T. Medical College, Udaipur, where she has been studying. 2. In this petition, two fold reliefs have been sought by the petitioner. The first relief is that she be allotted the Speciality of Diploma in Gynae and Obs. (D.G.O.). In the alternative, she has prayed that she may by transferred in the Speciality of D. C. H. from R. N.T. Medical College, Udaipur to S. M. S. Medical College Jaipur. However, during the course of arguments, the learned counsel for the petitioner did not press for the relief to allot the petitioner the Speciality of D.G.O. and restorted his prayer for being transferred from R. N. T. Medical College, Udaipur to S. M. S. Medical College, Jaipur, in the same Speciality of D.C.H. 3. The ground of the transfer is the genuine health problem of the petitioner. Jhe is expected to give delivery a child in the third week of October, 1993. It is stated that, at this advance stage of pregnancy, there is none to look after her at Udaipur, as all the members of her in-laws reside at Jaipur, while the parents also reside near to Jaipur. The petitioner has filed some certificates issued by the doctors, advising her complete rest. Dr. (Mrs.) Pushpa Gupta, Specialist in Gynaeculogy, Zenana Hospital, Jaipur has also issued a certificate to the effect that the petitioner needs constant supervision, as she has a complicated pregnancy and she is a case of Urestple lic. The application of the petitioner has also been forwarded by the Principal, R. N. T. Medical College, Udaipur, regarding her transfer. 4. Mr. (Mrs.) Pushpa Gupta, Specialist in Gynaeculogy, Zenana Hospital, Jaipur has also issued a certificate to the effect that the petitioner needs constant supervision, as she has a complicated pregnancy and she is a case of Urestple lic. The application of the petitioner has also been forwarded by the Principal, R. N. T. Medical College, Udaipur, regarding her transfer. 4. Mr. Rachhpal Singh, learned counsel for the respondents, though admitted that a post in D. C. H. is lying vacant at S. M. S. Medical College, Jaipur, but, his only contention is that after six months of the initial admission, such transfer from one Medical College to another Medical College is not permissible under 0.278-E. I have gone through 0.278-E and, in my view, there is no such restriction, as contended by the learned counsel. The prayer of the petitioner is not for change of Speciality, but her prayer is simply for transfer from one Medical College to another Medical College, in the same Speciality of Diploma Course in Health. From the various certificates produced by the petitioner, one thing is clear that she has complicated pregnancy and the doctors have advised her to take complete rest. At Udaipur, she is alone, far away from family members. Naturally, in such a state of affairs, she cannot continue her studies at Udaipur and her transfer to Jaipur may facilitate her to continue her study. In the absence of any legal impediment, the transfer of the petitioner from R. N. T. Medical College, Udaipur to S. M. S. Medical College, Jaipur, in the same course in Speciality, on the genuine cause of health, is just and proper, as a special case. 5. I, therefore, direct that the petitioner Dr. Vandana Goyal, shall be transferred from R. N. T. Medical College, Udaipur to S. M. S. Medical College, Jaipur to continue her studies in the Speciality of D. C. H. Her attendance at Udaipur shall be counted. 6. Consequently, the writ petition is allowed, as indicated above. No costs.Petition allowed. *******