(1) RULE. Mr.Sharma, learned Assistant Government Pleader appears and waives service of rule on behalf of respondent Nos.1, 3 and 5 and Ms.Nanavati, learned counsel waives for respondent Nos.2 and 4.
(2) The petitioners have filed this petition under Article 226 of the Constitution of India with the following prayers:
“(A) YOUR LORDSHIP may be pleased to admit and allow this petition.
(B) YOUR LORDSHIP may be pleased to issue writ of mandamus and/or any other writ, order or direction and thereby further be pleased to direct the respondents to permit mutual transfer of the petitioners between Government Medical College, Bhavnagar and B.J. Medical College, Ahmedabad on such terms and conditions as may be found fit by this Hon'ble Court.
(C) During the pendency and final disposal of the petition, YOUR LORDSHIP may be pleased to direct the respondent No.1 to place before this Hon'ble Court the decision taken on the application submitted by the petitioner on 06.01.2012.
(D) YOUR LORDSHIP may be pleased to pass such other order and further orders as may be deemed just and proper in the interest of justice.”
(3) The petitioners have relied upon the judgment of Division Bench of this Court passed in Special Civil Application No.15469 of 2011 dated 21.10.2011.
(4) The facts leading to filing of this petition are identical and similar to the said writ petition, as can be seen from the prayers as prayed for in the present petition, the petitioners seek mutual transfer between Government Medical College, Bhavnagar and B.J. Medical College, Ahmedabad.
(5) Heard learned advocates appearing for the respective parties.
(6) Learned Assistant Government Pleader has placed on record communication dated 20.01.2012 duly signed by Under Secretary to Government, Health and Family Welfare Department, wherein it is
directions, the State Government, Health and Family Welfare Department has no objection for the mutual transfer of the petitioner students. Learned counsel appearing for the respective parties have no objections in this regard.
(7) In view of the above, as decided by this Court in Special Civil Application No.15469 of 2011 dated 21.10.2011, without going into the merits of the matter, the petition deserves to be allowed and disposed of by directing the respondents to accept the request of the petitioners for mutual transfer, as prayed for in Paragraph No.7(B) of the petition.
(8) It is clarified that all the conditions, which have been imposed by the Division Bench of this Court while deciding Special Civil Application No.16600 of 2010 and allied matters, shall be applicable and binding to both the petitioners. Learned counsel for the petitioners has given assurance that all the terms and conditions which will be imposed upon both the petitioners shall be abided.
(9) In view of the above, the petition is allowed. Rule is made absolute. There shall be no order as to costs. Liberty to apply in case of difficulty.
Direct service is permitted.
Bhavesh* *** Sd/ [R.M.CHHAYA, J ]