JUDGMENT : DINESH MEHTA, J. 1. These writ petitions have come up on the Board for considering the applications filed by the petitioners seeking appropriate orders for declaration of their results. 2. Looking at the controversy involved and keeping into consideration the future of the petitioners who are students, with the consent of the counsel for the parties, all the matters are being decided finally. 3. All the writ petitions involve common facts and law. For the purpose of convenience, the facts appertain to S.B. Civil Writ Petition No. 384/2019, Minaxi vs. JNVU Jodhpur and Others, are being considered. 4. The petitioner, a resident of Sojat, District Pali, got admission in PG College, Jodhpur in B.Sc. First Year. After completion of part-I of B.Sc. three years' Degree Course, she chose to shift to her native place viz. Soiat and, hence, contacted the Principal, Govt. College, Sojat, District Pali, with a request that she be given permission in B.Sc. Second Year. In this regard, she made a written request alongwith an affidavit to the effect that she would be solely responsible for any consequence, if any objection in future is raised in relation to her admission. 5. In furtherance of the request so made, the petitioner was given admission in B.Sc. Second Year by the respondent No. 3 at Govt. College, Sojat. Needless to mention that she started pursuing her graduation at Sojat. 6. At the time of examination, when she proceeded to fill up her form for Second Year, the respondent Jai Narain Vyas University raised an objection that she cannot be permitted to take examination as she has pursued her studies at Sojat whereas her initial admission was in PG College, Jodhpur. According to respondent Jai Narain Vyas University, the petitioner could not get her college transferred from Jodhpur to Sojat. 7. Before proceeding further, it would be apt to go through the relevant provisions, dealing with the transfer of a student from one college to another college, affiliated to the respondent No. 1-Jai Naraian Vyas University, Jodhpur.
According to respondent Jai Narain Vyas University, the petitioner could not get her college transferred from Jodhpur to Sojat. 7. Before proceeding further, it would be apt to go through the relevant provisions, dealing with the transfer of a student from one college to another college, affiliated to the respondent No. 1-Jai Naraian Vyas University, Jodhpur. For the purpose of ready reference, the same is being reproduced here infra:- ^^5-8 LFkkukUrj.k ds vk/kkj ij Áos'kA 5-8-1 ,d egkfo|ky; esa Áfo"V fo|kFkhZ dk mlh uxj ds nwljs egkfo|ky; esa LFkkukUrj.k ugha gksxkA 5-8-2 fHkUu&fHkUu LFkkuksa ij vofLFkr egkfo|ky;ksa esa Hkh LFkkukUrj.k dh vuqefr ekrk&firk@laj{kd ds LFkkukUrj.k ;k efgyk vH;FkhZ ds fookg gksus tSlh fo'ks"k ifjfLFkfr esa gh nh tk;sxhA ekrk&firk ds thfor jgrs vU; dksbZ O;fDr lja{kd ugha gks ldsxkA 5-8-3 LFkkukUrfjr deZpkjh ds iq=@iq=h LFkkukUrj.k LFkku o fudVorhZ LFkku ;k x`g LFkku ij vofLFkr egkfo|ky; esa Áos'k ds ik= gksaxsA 5-8-4 laj{kd ds LFkkukUrj.k dh fLFkfr esa vH;FkhZ dk Áos'k rHkh ns; gksxk] tc vkosnd ds ÁkIrkad ml d{kk esa Áfo"V vafre fo|kFkhZ ds vadksa ls de ugha gks rFkk ml egkfo|ky; esa fjDr LFkku miyC/k gksA 5-8-5 Lukrd ikVZ f}rh; o r`rh; d{kkvksa esa LFkkukUrj.k Áos'k ij lEc)d fo'ofo|ky; ds fu;eksa ds vuqlkj gh fopkj fd;k tk;sxkA 5-9 LFkku ¼lhVsa½ fjDr jgus ds fy, esa Áos'k ÁfØ;k laca/kh funsZ'kA leLr ;ksX; vH;fFkZ;ksa ds Áfo"V gks tkus rFkk dksbZ Hkh fopkjk/khu vkosnu&i= yafcr uk gksus dh fLFkfr esa fdlh d{kk esa LFkku fjDr jgus ij Ákpk;Z] lkekU; Js.kh lfgr Js.khokj ¼dSVsxjhokbZt½ fjDr LFkkuksa dh lwpuk dk foLr`r Ápkj&Álkj dj lkr fnol rd uohu vkonsu&i= vkeaf=r dj ldsaxs rFkk fjDr LFkkuksa dks Hkjus dh ÁfØ;k viuk;saxsA** 8. When the petitioner was not permitted to fill the examination form, she approached this Court by way of present writ petition, wherein by way of an interim order dated 14.01.2019, the respondent University was directed to accept her examination form provisionally. While passing the aforesaid interim order, this Court has however kept petitioner's continuation with the course and examination, subject to outcome of the present writ petition. 9. Learned counsel for the petitioners submitted that the petitioner has appeared in B.Sc. Second Year Examinations, however, her result has not been declared. While praying that the respondent University be directed to declare her result, it was also urged that the petitioner be permitted to pursue further studies. 10.
9. Learned counsel for the petitioners submitted that the petitioner has appeared in B.Sc. Second Year Examinations, however, her result has not been declared. While praying that the respondent University be directed to declare her result, it was also urged that the petitioner be permitted to pursue further studies. 10. Adverting to the merit of the case, Mr. Mathur contended that shifting/transfer of a student from one college to another college, affiliated to respondent University is permissible as per Clause 5.8 of the Admission Policy published by the Government of Rajasthan, which has been duly adopted by the respondent University. 11. It was submitted that as per the policy aforesaid, the petitioner's transfer from Jodhpur to Sojat was permissible and the Principal Government College, Sojat, the respondent No. 4 has permitted the petitioner to pursue her B.Sc. Second Year Course in Sojat, taking into account, the provisions of admission policy. 12. While maintaining that the petitioner is entitled to pursue her studies at Sojat, learned counsel for the petitioners, in alternative, submitted that the petitioner has already undergone one year of studies at the new college and as a special case, regardless of the final adjudication, the petitioner be permitted to complete her graduation in Sojat and her transfer, even if found to be irregular, be ratified to meet the ends of justice. 13. Mr. P.R. Singh, learned counsel for the respondents-Jai Narain Vyas, University vehemently argued that the petitioner has taken transfer from PG College, Jodhpur to Govt. College Sojat at her own will and volition, knowing it fully well that as per the conditions of the Admission Policy, particularly Clause 5.8.2, the petitioner cannot seek transfer from Jodhpur to Sojat, inasmuch as, her case does not fall in any of the contingencies mentioned in Clause 5.8.2 viz. (i) Student's parents/guardians have been transferred and (ii) The woman candidate has got married. 14. Inviting Court's attention towards petitioner's application dated 24.07.2018 and the affidavit filed by her, Mr. Jodha contended that she has not even pleaded existence of any such contingencies in her transfer application, while seeking admission in Sojat, hence, there was no occasion for anyone to accord permission for such transfer. 15. Mr. Shridhar Purohit, learned counsel for the respondent No. 3 submitted that the petitioner contacted respondent No. 3 Principal, Government College, Sojat and showed her willingness to pursue her future studies in their college.
15. Mr. Shridhar Purohit, learned counsel for the respondent No. 3 submitted that the petitioner contacted respondent No. 3 Principal, Government College, Sojat and showed her willingness to pursue her future studies in their college. As such, there was no occasion for the respondent No. 3 to raise any objection as according to him, the petitioner could take admission, if she fulfilled the condition of transfer. He however informed that neither any formal application was moved before the respondent No. 3, nor any permission was granted by him. 16. Heard learned counsel for the parties. 17. Though, the issue of transfer of a student from one college to another appears to be innocuous, but the same has its own repercussions and ramifications. Hence, instead of outrightly passing a simple order allowing the petitioner to pursue her future studies at Sojat, this Court deems it imperative, rather necessary to decide the core question, "Whether the petitioner could legally secure admission in Sojat or not?" 18. A bare look at the provisions relating to the admission in case of transfer, reproduced herein above, particularly Clause 5.8.2 leaves no room for ambiguity that transfer from one college to other is not a matter of course or right. Transfer is permissible only if parents/guardian of a student are transferred from one place to another or female candidate gets married and her matrimonial place is at a place other than her parental residence. 19. In view of the clear stipulation in the admission policy, this Court has no hesitation in holding that the petitioner's transfer from P.G. College, Jodhpur to Government College, Sojat was irregular, rather illegal. 20. During the course of arguments when the Court asked Mr. P.R. Singh, learned counsel for the respondent University, as to who is the competent authority, from which a student is supposed to take permission for transfer, he candidly stated that the rules are silent in this regard and no officer/authority has been assigned the power/responsibility to permit transfer in genuine or deserving cases. 21. This Court feels that in absence of a clear policy, the students simply contact the college, where they intend to take admission and the receiving-college simply admits the students, without ascertaining as to whether their transfer is legal and valid, completely without anticipating the situation like the one, at hands. 22. Mr.
21. This Court feels that in absence of a clear policy, the students simply contact the college, where they intend to take admission and the receiving-college simply admits the students, without ascertaining as to whether their transfer is legal and valid, completely without anticipating the situation like the one, at hands. 22. Mr. P.R. Singh, learned counsel for the respondent University assured that unless a policy in this regard is framed, the Registrar, Jai Narain Vyas University shall decide student's application, if someone wants to apply for a transfer from one college to another college, affiliated with the respondent University. 23. There is no gain in saying that the petitioner's transfer from P.G. College, Jodhpur to Govt. College, Sojat was irregular, but given the fact that she has already studied for a year; appeared in the examination, this Court feels that setting her transfer at naught or repatriating her would be inequitable. We cannot be unmindful of the fact that there is no competitive claim qua this seat and/or her admission or continuation at Sojat is not likely to prejudice any third person's right. 24. Hence, it is deemed expedient and hence, ordered that the respondent University shall permit all the eight petitioners to complete their studies at their respective colleges, where they have taken admissions. The respondent University is directed to declare the result of all the petitioners and allow them to complete their courses from their present colleges. 25. This Court cannot resist recording its displeasure for the colleges which willingly welcomed the petitioners, without assessing their entitlement for such transfer. 26. All the captioned writ petitions are allowed in above terms. 27. It is however, ordered that henceforth any student desirous of seeking transfer/shifting in deserving cases, subject to fulfilling the conditions encapsulated in Clause 5.8.2 of the admission policy will be required to move an application before the Registrar, Jai Narain Vyas University, Jodhpur, who shall decide the same within a period of 7 days, of course in light of the admission policy or any other policy/circular issued from time to time. 28. The receiving college shall give admission to the desirous student only on furnishing of written consent obtained from the Registrar, Jai Narain Vyas University, Jodhpur, permitting transfer of a student from one college to another. 29.
28. The receiving college shall give admission to the desirous student only on furnishing of written consent obtained from the Registrar, Jai Narain Vyas University, Jodhpur, permitting transfer of a student from one college to another. 29. Needless to observe that the receiving college will not be obliged to give admission, merely because the Registrar of the respondent Jain Narain Vyas University has given permission for such shifting/transfer. The college shall give admission to the students only in the event of availability of seats and the candidate fulfilling other eligibility criteria, including cut off marks required for admission in the college. 30. Henceforth, if any student takes transfer in violation of Clause 5.8.2 of the Admission Policy, the University shall neither regularise such admission nor shall it permit him/her to appear for examination. 31. Interlocutory applications, filed in the writ petitions, so also the stay petitions are disposed of accordingly.