IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 9107 of 2009. Date of Decision : June 08, 2009. Maninder Hariya s/o Shri Nirmal Hariya, M.B.B.S. 1st Year Student, Pt. B.D. Sharma, Post Graduate Institute of Medical Sciences, Rohtak. ...... Petitioner. Versus. Pt. B.D. Sharma Post Graduate Institute of Medical Sciences, Rohtak, through its Registrar, and others. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Ashwani Talwar, Advocate, for the petitioner. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present case, the prayer of the petitioner is for quashing of order dated 02.06.2009 (Annexure-P-1), wherein the petitioner has been ordered to be shifted from M.B.B.S. course of respondent No. 1 i.e. Pandit B.D. Sharma Post Graduate Institute of Medical Sciences, Rohtak to M.A.M.C. Agroha. Counsel for the petitioner contends that this order of his shifting is not as per the order passed by Hon'ble the Supreme Court as the petitioner is not a party before Hon'ble the Supreme Court nor has any order been passed by Hon'ble the Supreme Court directing the transfer of the petitioner. He on this basis contends that the order impugned herein, cannot be sustained. I have heard counsel for the petitioner and have gone through the records of the case. C.W.P. No. 9107 of 2009. One Sudhansu Kumar, a student of B.D.S. was denied admission in M.B.B.S. course on the ground that as per the terms and conditions specified in the prospectus, which states that who have joined Dental or Medical course previously will not have a right to get admission in M.B.B.S./B.D.S. courses. Sudhanshu Kumar preferred writ petition being C.W.P. No. 13449 of 2008 before this Court, which was dismissed by this Court vide order dated 13.08.2008. Thereafter, Sudhanshu Kumar preferred Special Leave to Appeal (Civil) No. 22949 of 2008, which came up for hearing before Hon'ble the Supreme Court on 29.09.2008 when Hon'ble the Supreme Court directed the respondents to keep one seat vacant for the petitioner. The case, thereafter, came up for hearing on 03.10.2008 when the following order was passed :- “For Petitioner(s) Mr. Aditya Sanghi, Adv. Mr. Akshat Shrivastava, Adv. Mr. I.J. Yadav, Adv. For Respondent(s) Mr. Manjit Singh, Adv. Mr.Kamal Gupta, Adv. Upon hearing counsel the Court made the following order : Heard learned counsel for the parties. The petitioner appeared for the pre-medical test held on 2008 and secured 46th position for admission in MBBS Course. But he was denied admission for the MBBS course because in prospectus it is said that those who have joined the Dental or Medical Course previously cannot have the right to get admission in MBBS/BDS Course. In this case the petitioner herein had got admission for Dental Course in the previous year and on that ground he has been denied admission. We do not think that this is a valid ground to deny admission, respondent No. 2 is directed to admit him to the MBBS course within a week, if he is otherwise eligible, based on the rank by him in the entrance exam. Respondent to file counter affidavit within four weeks. List the matter thereafter. Sd/- (Suman Wadhwa) Sd/- (Veera Verma) Court Master Court Master” -2- C.W.P. No. 9107 of 2009. A perusal of the record would show that as a consequence of the order dated 03.10.2008, passed by Hon'ble the Supreme Court (reproduced above), Maninder Hariya, the present petitioner before this Court, who was admittedly lowest in the merit list of General Category seeking admission to M.B.B.S. course, has been transferred. Since the order impugned herein Annexure-P-1 is a direct fall out of the order passed by Hon'ble the Supreme Court, it would be appropriate for the petitioner to approach Hon'ble the Supreme Court for relief, if any, available to him. The writ petition stands disposed of with above observations. (AUGUSTINE GEORGE MASIH) JUDGE June 08, 2009. sjks. -3-