VK Khanna, C.J.- This appeal has been filed against the judgment of the learned Single Judge dated 16.3.94 passed in Civil Rule No. 800 of 1994. 2. We have heard Mr. RP Sharma, counsel appearing for the petitioner/ appellant and Mr. Chaliha, Government Advocate appearing for the State of Assam. It is represented that the writ appeal may be finally disposed of at the admission stage. 3. The short point involved iii the present appeal is that the petitioner-appellant admittedly had been selected on the basis of joint entrance test, which was held for admitting students to the three Medical Colleges in the State of Assam. However, the petitioner-appellant was allotted seat in the Silchar Medical College. According to the petitioner while filling up the application form, he had given the first preference for getting admission in the Gauhati Medical College, the second preference was far getting admission in Assam Medical College, Dibrugarh and the last preference of petitioner was for admission in Medical College, Silchar. The petitioner-appellant after getting himself admitted in the Silchar Medical College, applied for his transfer to the Gauhati Medical College which admittedly is permissible. The prayer of the petitioner-appellant, however, was rejected. Thereafter, Civil Rule No. 800 of 1994 was filed challenging the decision of not allowing the prayer for transfer of the petitioner to the Gauhati Medical College by the respondent. 4. Learned Single Judge under the impugned order has rejected the writ petition filed by the petitioner on the ground that he has not impleaded the students who had been admitted in the Gauhati Medical College as the petitioner has claimed that he has been discriminated. 5. Mr. Chaliha, Government Advocate appearing for the State of Assam at the very outset made a statement that the First Year studies in all Medical Colleges have practically come to an end and thus no question arises for passing any order of transfer to the First Year MBBS Course in case of the petitioner. However, in the affidavit, according to the counsel it has been stated that the case of the petitioner-appellant will be considered for transfer during the Second Year at the start of the next MBBS Course, in case the petitioner makes an application to that effect through the Principal, Silchar Medical College. 6. However, in the affidavit, according to the counsel it has been stated that the case of the petitioner-appellant will be considered for transfer during the Second Year at the start of the next MBBS Course, in case the petitioner makes an application to that effect through the Principal, Silchar Medical College. 6. From the materials which have been filed by the petitioner, it is clear that the position of the petitioner in the joint entrance test .was at serial No.5. In case it is a fact and as he had given first preference for Guwahati Medical College for admission, there is no reason as to why the petitioner-appell­ant was not allowed admission in the aforesaid College. It has been stated by Mr. Chaliha, counsel appearing for the Medical College, that there ate no guidelines uptil now for allotting seats in a Medical College after admissions on the basis of merit list in the joint entrance test conducted by the respon­dents. We may usefully reproduce Rule 5 of the Rules for Admission to the First Year MBBS/BDS Courses in the Medical Colleges, Assam and the Regional Denial College which runs as follows : "5. Choice of Medical College : A candidate must indicate his/her choice of the Medical College in the application showing the order of preference and he/she shall be admitted to the .College on the basis of his/her choice subject to the availability of seats." 7. The finding recorded by the learned Single Judge that the petitioner could not maintain the writ application without impleading the candidates who had been selected for admission in the Medical College, Guwahati, in our opinion, is not correct The petitioner was entitled to be admitted in one of the Medical Colleges in accordance with the provisions of Rule 5 quoted above. 8. The aforesaid Rule 5 does not specifically indicate how seats will be allotted to the selected candidates in the three Medical Colleges in Assam, Rules only state that a candidate may indicate his choice and seat will be allotted to him subject to the availability of seats. The allotment of he seats under Rule 5 can only be on the basis of fixed guidelines. The seats cannot be allotted arbitrarily. One of primary criteria as we see should be the merit of the candidate in the select list. The allotment of he seats under Rule 5 can only be on the basis of fixed guidelines. The seats cannot be allotted arbitrarily. One of primary criteria as we see should be the merit of the candidate in the select list. The seats should normally be allotted in order of preference to the candidates in accordance with their merit. We direct that in case no guidelines have yet been framed, the Secretary to the Government of Assam, Health and Family Welfare Department would get a definite guide­lines framed in this connection so that the admissions to the three Medical Colleges are not left to the arbitrary discretion of the authority. 9. In this case, however, we may note that Mr. Chaliha, Government Advocate appearing for the State of Assam on the basis of a counter affidavit has made a statement that the petitioner's application for transfer during the Second Year MBBS to Gauhati Medical College will be considered. We direct that the petitioner will make an application before Principal, Silchar Medical College within a period of 15 days from today who shall forward the same forthwith to the Director, Medical Education, State of Assam. The Director, Medical Education shall pass order on the aforesaid application for admitting the petitioner in the Second Year MBBS Course in the Guwahati Medical College before start of the Second Year MBBS Course. 10. Subject to the aforesaid observations, the appeal is finally disposed of. However, looking to the entire facts and circumstances of the case, the parties shall bear their own costs. A copy of this order under the signature of the Registrar and the seal of Registry will be sent within a week by the office to the Secretary to the Gove­rnment of Assam, Health and Family Welfare Department, Dispur, Guwahati 6, so that necessary guidelines as stated above may be framed forthwith.