( 1 ) THESE two petitions raising common questions of law and somewhat similar questions of facts are being disposed of by this common judgment with the concurrence of the learned advocates appearing in the matters.

( 2 ) THERE is a sole petitioner in the special civil application no. 443 of 1980 and there are two petitioners in the special civil application no. 460 of 1980. All the three are the students of the M. P. Shah Medical College Jamnagar who had passed their first M. B. B. S. examination the results of which were declared sometime in January 1980. It is common ground that admissions to Government Medical Colleges situated at Ahmedabad Baroda Surat and Jamnagar are given by the State of Gujarat strictly according to merits. The Rules for admission to this course are published by the Government and they are dated 10-5-79. The students who have passed the 12th Std. examination with Science subjects including Biology are eligible for admission. It would be evident that students from all parts of Gujarat will be aspirants for admissions to the medical course. Some may like to be at Ahmedabad some may prefer to be at Baroda some may have a special liking for Surat and some may find it convenient to be at Jamnagar. It may happen that a student from Jamnagar area may for some reasons like to have admission at Ahmedabad or vice versa. The Government therefore has laid down in the aforesaid rules that the placement of a candidate to a medical college in the State shall be decided on the basis of merit-cum-preference given by them in their application for admission So the list of eligible candidates will first be prepared on the basis of merits and then for the purpose of allotting one or the other of the colleges to them preference will be given to their choice. It may happen that a student hailing from Jamnagar or Surat or round about may prefer Ahmedabad for some reasons but the students above him in the merit list also might have likewise preference for Ahmedabad. If the total seats of Ahmedabad are thus allotted to those students up in the list the preference of the student say for Ahmedabad may not be given any weightage. Such a student say from Ahmedabad might be required to go to Jamnagar also. This scheme of admission and allotment of colleges is acknowledged on all hands to be in consonance with the abovementioned Admission Rules.

( 3 ) ORDINARILY a student who gets admission to one college would be expected to complete his course at the same college but the Government was not oblivious of certain students desire based on some necessities to have the places of their choice or the circumstances may alter in the course of the 1 1/2 year of the first M. B. B. S. Course which may make it convenient for that student to seek a shift to another college. Viewing these possible situations which are recurring the Government bad resolved on 30-7-77 to effect such transfers on certain basis. Clause I of the said resolution sets out the purpose. It reads:applications for transfer will be considered immediately after passing the 1st M. B. B. S. examination within one month from the beginning of the terms of concerned medical college where the admission is sought provided there is a clear vacancy (emphasis by me)A clear vacancy is defined as one which is caused by transfer of a student or his or her having left the studies or due to death discharge etc. More often than not all the seats recognised by the University say of 2nd M. B. B. S. in a particular college may not be filled in because of certain failures at the 1st M. B. B. S. level. So some clear vacancies might even otherwise be there. The Government then in the aforesaid resolution provided that a student seeking transfer of entry into 2nd M. B. B. S. course has to make an application for transfer. Then clauses 3 and 4 of the said resolution are reproduced below because their consideration is the main subject matter of these two petitions:3 Merit lists will be