1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.1951 OF 2010 Chanchal d/o Daulal Bhandari, Age 19 years, Occu.Student, R/o Chikaldara, Taluka Chikaldara, District Amrawati, at present M.B.B.S.Girls Hostel in front of Medical Gate, Panchakki Road, Government Medical College, Aurangabad, District Aurangabad .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Principal Secretary, Medical Education Department, Mantralaya, Mumbai 2. The Director, Medical Education and Research Mumbai, Government Dental College and Hospital, Mumbai Stipan George Hospital Compound, Mumbai ..RESPONDENTS Mrs.Manjusha A.Deshpande, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 28th April, 2010 ORAL JUDGMENT (PER S.V.GANGAPURWALA, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is taken up for final hearing at the stage of admission. 2 2. By the present writ petition under Article 226 of the Constitution of India the petitioner prays for quashing the communication dated 23.10.2009 issued by the respondent No.2 rejecting the transfer application of the petitioner dated 5.9.2009. 3. It is the case of the petitioner that the petitioner had applied for transfer on medical ground from the Government Medical College, Aurangabad to the Nagpur Medical College. 4. The case of the petitioner is that the petitioner is suffering from migrain and myopia. The application of the petitioner was rejected on the ground that no medical certificates were attached and the illness was not such that it leads to disability. 5. The petitioner has thereafter made a representation on 18.1.2010 along with the documents. The said representation dated 18.1.2010 has not been considered by the respondents. It is the case of the petitioner that other students who were suffering from diseases which did not lead to legal disability were considered for transfer. 6. In view of the fact that the representation dated 18.1.2010 has not yet been considered by the respondents, we allow this petition, quash and set aside the communication dated 3 23.10.2009 rejecting the application for transfer of the petitioner and give opportunity to the petitioner to submit all the requisite certificates within a period of two weeks from today and further direct the respondents to decide the said representation along with all the requisite certificates that would be submitted by the petitioner, within a further period of two weeks. We further direct that the application dated 18.1.2010 and the requisite documents that would be submitted should be treated as fresh application for transfer. 7. Rule made absolute on above terms with no orders as to costs. 3 ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/1951.10wp)