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Judgment
S. Abdul Nazeer
The petitioner had joined Ashwini Ayurvedic Medical College and P.G. Center, Davanagere, the 4th respondent herein, for the study of 1 Professional BAMS Course for the academic year 2010-11. After completion of the 1 professional BAMS Course, she made an application to the 1st respondent-University seeking her transfer to the Government Ayurvedic Medical College, Bangalore, the 3rd respondent herein, for the study of the II Professional BAMS Course. The said application was rejected by the 1st respondent-University as per the endorsement dated 21.7.2010. The petitioner again made an application dated 22.12.2010 to the University seeking transfer from Ashwini Ayurvedic Medical College and P.G. Center. Davanagere, to the Government Ayurvedic Medical College, Bangalore. The University sent a letter as per Annexure-E dated 19.4.2011 to the 5th respondent seeking clarification regarding migration transfer. Since, the 1st respondent did not transfer the petitioner as above, she has filed this writ petition for a mandamus directing the 1st respondent-University to transfer her from Ashwini Ayurvedic Medical College and P.G. Center, Davanagere to the Government Ayurvedic Medical College, Bangalore.
I have heard the learned Counsel for the parties.
It is not in dispute that during the pendency of this writ petition, the 5th respondent has issued no objection certificate dated 2.12.2011 for transfer of the petitioner from Ashwini Ayurvedic Medical College and P.G. Center, Davanagere to the Government Ayurvedic Medical College, Bangalore. The 3rd and 4th respondents have also no objection for her transfer from the 4th respondent-College to the 3rd respondent-College.
In the light of the stand taken by the respondents, there cannot be any impediment for the transfer of the petitioner from Ashwini Ayurvedic Medical College and P.G. Center, Davanagere to the Government Ayurvedic Medical College, Bangalore. Therefore, the Registrar of the 1st respondent-University is directed to pass an order permitting the petitioner to transfer from Ashwini Ayurvedic Medical College and P.G. Center, Davanagere to the Government Ayurvedic Medical College, Bangalore, forthwith.
At this stage, learned Counsel for the petitioner submits that the last date for payment of examination fee for the appearance in the II Professional BAMS Course examination has expired. Having regard to the facts and circumstances of the case, it is just and proper for the 1st respondent-University to receive the examination fee from the petitioner to enable her to appear for the examination of the II Professional BAMS course. The petitioner is permitted '' to pay the examination fee at the 3rd respondent-college and the 3rd respondent-college is directed to forward the same to the 1st respondent-University. The 1st respondent University is directed to permit the petitioner to appear for the examination of the II Professional BAMS Course at the 3rd respondent-College.
The writ petition is accordingly allowed. No costs.