JUDGMENT 1. - Heard learned counsel for the parties. 2. This writ petition has been filed at the instance of student Ms. Jyoti Jain who was originally admitted to study course of M.Sc. (Medicine) Bio-chemistry at Jawahar Lal Nehru Medical College, Ajmer. The petitioner, apart from applying for admission in the said study course at Ajmer also in response to the notification issued by S.M.S. Medical College, Jaipur applied for admission in the same study course of M.Sc. (Medicine) Bio-chemistry at SMS Medical College, Jaipur. She was although entitled to admission as per her standing in the merit but for the interim order dated 24.08.2005 passed by this Court in S.B.C.W.P. No. 5765/2005 filed at the instance of one Ms. Neha, by which one seat was ordered to be kept vacant. Writ petition was eventually dismissed vide order dated 04.07.2006. Result of that was that one seat of M.Sc. (Medicine) became available with Jaipur college for the same academic year in which petitioner was already admitted at Ajmer. The petitioner made a representation to the Principal and Controller, S.M.S. Medical College and attached Hospitals Jaipur on 08.08.2006. The Principle and Controller aforesaid by his order dated 12.09.2006 granted admission to the petitioner in the said study course at Jaipur. However, request of the petitioner that the study period spent by her in the same subject earlier at Ajmer be counted towards her study at Jaipur was dealt with by the Principal as under: "Since, the Hon'ble Rajasthan High Court has dismissed the S.B. Civil Writ Petition No. 5765/2005 - (Miss) Neha v. State of Rajasthan and others, hence one seat of M.S. (Med.) Biochemistry Course becomes vacant for the Session 2005-06. Accordingly, (Miss) Huma Praveen, who is already pursuing her M.Sc. (Med.) Anatomy Course for the session 2005-06 at SMS Medical College, Jaipur and waiting list No.1 candidate for M.Sc. (Med.) Biochemistry Course for the session 2005-06 has given her written consent to continue M.Sc. (Med.) Anatomy Course for the session 2005-06, therefore, in accordance with the Ordinance 278-F of the University of Rajasthan, Jaipur the Waiting List No. 2 candidate, (Miss) Jyoti Jain, is hereby admitted in M.Sc. (Med.) Biochemistry Course for the session 2005-06 from the date of her joining subject to the condition that her earlier period of training in M.Sc. (Med.) Anatomy Course for the session 2005-06, therefore, in accordance with the Ordinance 278-F of the University of Rajasthan, Jaipur the Waiting List No. 2 candidate, (Miss) Jyoti Jain, is hereby admitted in M.Sc. (Med.) Biochemistry Course for the session 2005-06 from the date of her joining subject to the condition that her earlier period of training in M.Sc. (Biochemistry) at JLN Medical College, Ajmer will not be considered/included in training period at SMS Medical College, Jaipur in M.Sc. (Med.) Biochemistry course for which she is directed to make individual independent efforts for inclusion of her earlier period of training with the University of Rajasthan, Jaipur." 3. The respondents are now contesting the claim of the petitioner for counting period of study at Ajmer College towards her studies at Jaipur College. However, the Controller of Examination of the Rajasthan University of Health Sciences, to which both the Medical Colleges are now affiliated, by letter dated 14.02.2007 conveyed to the Principal of SMS Medical College, Jaipur that since the admission of the petitioner for the said study course at Ajmer has not been finalised as yet, her request for counting the period spent at Ajmer from 22.09.2005 to 19.09.2006 cannot be considered at this stage. It is this decision which is subject matter of challenge in this writ petition. 4. Shri Prahalad Singh, appearing on behalf of the petitioner has argued that the syllabus and curriculum for study course of M.Sc. (Med.) Biochemistry in both the colleges being the same, there is no reason not to count the aforesaid period towards the studies of the petitioner at Jaipur. It is argued that on account of order passed by the court, admission was not granted to the petitioner at Jaipur. Now that the seat which was kept vacant has become free and available due to dismissal of writ petition, the petitioner was admitted at Jaipur in her own right on merit. The Medical College at Ajmer as well as Medical College at Jaipur both are affiliated to the same University, namely, earlier with the University of Rajasthan and now with the Rajasthan University of Health Sciences. The Medical College at Ajmer as well as Medical College at Jaipur both are affiliated to the same University, namely, earlier with the University of Rajasthan and now with the Rajasthan University of Health Sciences. The plea that her registration for admission was not yet finalised and on that basis, rejection of her request to count the study period of study training at Ajmer from 22.09.2005 to 19.09.2006 towards studies in the same course at Jaipur Medical College is wholly arbitrary and unreasonable being violative of Article 14 of the Constitution of India. 5. On the other hand, Shri V.B. Shrivastava, appearing on behalf of University cited ordinance 278-F of University Ordinances [(part II) Volm. II] and argued that clause (2) of the said ordinance inter alia provides that selection for M.Sc. in question shall be made strictly on merit which is prepared on the basis of the academic course in the under graduate course once in a calendar year, in the month of July/August. Earlier admission of the petitioner at Ajmer was based on her application made to that college on the basis of her merit. Admission of the petitioner at Jaipur was a case of fresh admission and not a case of transfer. Learned counsel argued that the petitioner had to prior to joining at Jaipur resign from her seat at Ajmer and thereafter, she was granted fresh admission at Jaipur. It is contended that the petitioner from the date of this admission has to again study the M.Sc. (Med.) Biochemistry course for the full duration of three and a half years. 6. Writ petition, it is prayed, be therefore, dismissed. 7. Upon consideration of the arguments aforesaid and perusal of the material forming part of the record, it is evident that few facts which are not denied and are not deniable are- (a) that the petitioner also applied for admission to the said study course M.Sc. 6. Writ petition, it is prayed, be therefore, dismissed. 7. Upon consideration of the arguments aforesaid and perusal of the material forming part of the record, it is evident that few facts which are not denied and are not deniable are- (a) that the petitioner also applied for admission to the said study course M.Sc. (Med.) Biochemistry course in S.M.S. Medical College, Jaipur while simultaneously applying for admission to same study course in Jawahar Lal Nehru Medical College at Ajmer; (b) that she could not be admitted to Jaipur College because of the interim order passed by this Court in the S.B.C.W.R No. 5756/2005 on 24.08.2005, whereby, one seat was directed to be kept vacant; (c) that the said aforesaid order was eventually vacated by the Court with the dismissal of the writ petition vide order dated 04.07.2006; (d) that but for the interim order aforesaid, the petitioner would have been originally entitled to admission in the seat that was ordered to be kept vacant by this Court; (e) that the study course in which the petitioner was admitted at Ajmer is exactly the same study course in which she would have been entitled to admission, had no such interim order been passed by this Court; (f) that the syllabus and curriculum for both the study courses at both the places is same; (g) that both the medical colleges were earlier affiliated to University of Rajasthan and are now affiliated to Rajasthan University of Health Sciences. 8. It is in the backdrop of these admitted facts, that the present controversy has to be decided. The order by which the petitioner was admitted at Jaipur College makes two things clear namely, that she was admitted on the basis of her merit in the original selection pursuant to which process of admission was finalised for session 2005-06 and that though she was admitted from the date of her joining but subject to the condition that her earlier period of training in M.Sc. (Biochemistry) at Medical College, Ajmer will not be considered/included in training period in M.Sc. (Med.) Biochemistry at SMS Medical College, Jaipur and she was directed to make individual independent efforts for inclusion of her earlier period of training with the University of Rajasthan, Jaipur. 9. (Biochemistry) at Medical College, Ajmer will not be considered/included in training period in M.Sc. (Med.) Biochemistry at SMS Medical College, Jaipur and she was directed to make individual independent efforts for inclusion of her earlier period of training with the University of Rajasthan, Jaipur. 9. Situation now comes to this that it was left to the discretion of the University to which both the colleges are affiliated, whether or not to grant the permission for counting of earlier period of study/training. The order passed by the authority which admitted the petitioner in the said study course at SMS Medical College, Jaipur does not completely deny her right to get such period counted towards study/training at Jaipur but the reason that has been cited in the communication dated 14.02.2007 for refusing to count that period is that since the admission of the petitioner for the session has not been finalised as yet, as such her request for counting her period from 22.09.2005 to 19.09.2006 spent at Ajmer cannot be considered at this stage. 10. What is meant by registration mentioned in order dated 14.02.2007 is not clear from the said order itself. No such clarification is forth coming even from the counter affidavit filed by the respondent-University. Even if it is taken as an approval of the admission granted to the petitioner by the said college, the college at Ajmer being also affiliated to the same University, how that can be a valid reason for not counting the period spent by the petitioner at Ajmer towards her study/training at Jaipur, is not understandable. And further, what is meant by 'at this stage' is also not very clear. One wonders if that stage has not reached now when the petitioner is admitted at Jaipur. v 11. There is no doubt that the order by which the admission was granted to the petitioner at Jaipur is designed as an order of fresh admission. At the same time, the fact that the petitioner was admitted to the same study course at Ajmer Medical College and had actually studied the same for the duration of one and a half year cannot be completely lost sight of. And the fact remains that this situation was result of the circumstances beyond the control of the petitioner herself. This could not be in any case attributed to her. And the fact remains that this situation was result of the circumstances beyond the control of the petitioner herself. This could not be in any case attributed to her. But for the interim order passed by this Court, the petitioner would have certainly been admitted at S.M.S. Medical College, Jaipur itself. 12. When the petitioner has actually and physically studied the same course of study Medical College at Ajmer from 22.09.2005 to 19.09.2006, this neither stands to logic nor to reason why the said period be not counted towards her studies/training at SMS Medical College, Jaipur. That is all the more so because the continuity of the studies/training has also not been lost because pursuant to the order Annexure-18 dated 12.09.2006, she joined at SMS Medical College, Jaipur on 21.09.2006 and till a day before, she had been studying at Medical College, Ajmer 50 wherefrom she was relieved on 19.09.2006. Merely because ordinance 278-F provides for a merit based admission on college to college basis, the petitioner, in peculiar facts of the present case, cannot be denied the benefit prayed for. 13. In view of what has discussed above, the present writ petition deserves to be allowed and is accordingly allowed. Order Annexure-23 dated 14.02.2007 is quashed and set aside. The petitioner would be deemed to have been admitted in M.Sc. (Med.) Biochemistry with SMS Medical College, Jaipur from the date she was originally admitted at Jawahar Lal Nehru Medical College, Ajmer and the period spent by her for such study/training at Jawahar Lal Nehru Medical College, Ajmer would be liable to be counted towards her studies/training course for the study course of M.Sc. (Med.) Biochemistry at SMS Medical College, Jaipur. 14. The writ petition is accordingly allowed though with no order as to costs.Writ Petition Allowed. *******