JUDGMENT

MOHAN, J. :- Leave granted.

2. The first appellant is the State of Uttar Pradesh. It issued an Order No.2683 / Section - 14 / Five-4 / 84 dated 13-4-1993 in exercise of the powers under sub-section(5) of Sec. 28 of the U.P. Universities Act, 1973 (hereinafter referred to as the Act). By this order, the Government laid down the policy and procedure to be followed in cases of migration or transfer of students studying in Bachelor of Dental Surgery Course (B.D.S. in short) to and from Dental Faculty of the King George Medical College, Lucknow. The same is as follows :

"(1) Migration or transfer shall be allowed only within three months of passing the first professional examination.

(2) During any one year a maximum of five per cent students of the intake capacity of the Dental Faculty of the King Georges Medical College, Lucknow may be allowed to migrate or transfer to and from an authority or institution subject to a maximum of five students in such year :

Provided that no seat shall be created in the Dental Faculty of the King Georges Medical College, Lucknow as a result of migration or transfer.

(3) Migration or transfer under paragraph (2) shall be allowed in the following or