CWP No. 1589 of 2007 12.3.2008 Present: Mr. B.C.Negi, Advocate for the petitioner. Mr. V.D.Khidtta, Advocate for respondent No.1. Mr. Ashok Sharma, Advocate for respondent No.2. The petitioner after completing her 10+2 examination took admission in the Solan Homoeopathic Medical College and Hospital, Kumarhatti, Solan for pursuing B.H.M.S course. She completed one year, i.e. first professional course and thereafter sought migration. Her request for migration has been rejected and this rejection is challenged in the present writ petition. According to the regulation of the Central Council of Homoeopathy migration of students from one college to another even under different universities is permitted under clause 14(V). However, the university concerned can allow the migration/transfer within three months of the passing the first BHMS examination, as a rule. Clause 14(V) sub-clause (b) and (e) which are relevant for our purpose read as follows:- (b) The University concerned can allow the migration/transfer within three months after passing the first BHMS examination, as a rule. (c) xxx xxx xxx xxx. (d) xxx xxx xxx xxx. (e) Cases not covered under the above regulations may be referred to the Council for consideration on individual merits. From a bare reading of sub-clause (b) it is obvious that as a rule i.e. in normal course migration shall only be permitted within three months of the passing of the first BHMS examination. However, this rule by its own language suggests that the migration after three months is not prohibited though that is an exception to the rule. Contd. CWP No. 1589 of 2007 Shri B.C.Negi learned counsel for the petitioner submits even if under normal circumstances the petitioner was not to be granted migration under sub clause (b) her case should have been considered by the Council in terms of sub clause (e). We are of the view that once the petitioner had applied for migration her case was not covered under sub- clause (b) it should have been considered by the Council under sub-clause (e). This has not been done. Keeping in view the aforesaid circumstances, we dispose of this writ petition with the following directions: 1. That the petitioner may again apply to the respondents No.1 and 2 for permission to migrate on or before 28th March, 2008. 2. On the petitioner so applying before said date, the respondents No. 1 and 2 are directed to sympathetically consider the application of the petitioner and take a decision thereon within a period of two weeks, i.e. latest by 12th April, 2008. In case respondents No. 1 and 2 are not inclined to grant permission to the petitioner to migrate to some other college then they shall forward the case of the petitioner to the respondent No.3 who in turn shall take a decision on the application latest by 12th May, 2008. With the above directions, we accordingly dispose of the writ petition. Dasti copy. ( Deepak Gupta) J. March 12, 2008 ( Rajiv Sharma ) J. ™