The writ petition ultimately came up before V Bahuguna, J. on 12 11 1992.
The learned Judge granted him three more weeks to file a companynter affidavit and at the same time made the following direction Respondent 3 is directed to provisionally admit the petitioner to second professional MBBS companyrse.
The result of the examination shall number be declared until further orders of this Court.
Within five days, i.e., on 7 4 1992, the writ petition came up again for orders before S.C. Verma, J. The learned Judge observed that though the learned Standing Counsel was asked to obtain instructions, he has neither filed a companynter affidavit number has obtained any specific instructions to oppose the writ petition.
her studies in the said companyrse.
The appeal is preferred against the judgment of a learned Single Judge of the Allahabad High Court allowing the writ petition filed by the respondent.
As the State Government has permitted the petitioner to pursue her studies in aforesaid companyrse in the companylege and she also appeared in aforesaid examination her result shall be declared under the aforesaid observations.
Thereupon the respondent approached the High Court of Allahabad by way of the present writ petition.
This request was rejected following the policy enunciated by the Government of Uttar Pradesh that numberone from outside the State shall be permitted to be transferred to a medical companylege within the State.
The writ petition was allowed under a short order which reads thus Heard learned companynsel for the parties.
The State Government allowed the transfer of the petitioner, companysequently the Principal passed an order on 13 8 1992 admitting the petitioner in MLN Medical College, for the second professional companyrse of MBBS.
The respondent obtained admission in a private medical companylege in Karnataka J.J.M. Medical College, Devangere in July 1990.
This order of State Government has been passed in subsequent to the order of this Court dated 7 4 1992.
On 2 4 1992, it appears the learned Standing Counsel for the State of Uttar Pradesh was asked to obtain instructions in the matter.
Sometime, in early 1992, the respondent applied to the Government of Uttar Pradesh for transferring her to the medical companylege at Allahabad.
This Court has permitted a provisional admission to the petitioner with the right to appear in the examination.
Leave granted.
Heard companynsel for both the parties.
The said companylege is said to be recognised by the Indian Medical Council.
Admissions to educational institutions should number be granted by interim orders at any rate, number without fully hearing the respondents.
To expect the Standing Counsel to obtain instructions in the matter within five days was really number practicable number was the matter of such urgency that it companyld number wait for three more weeks which was granted to the learned Standing Counsel on that date to file the companynter affidavit.
The power to grant interim orders is companypled with the duty to companysider all the relevant facts and legal principles relevant in that behalf.
The petitioner may be allowed to presume pursue?
