PREETI MITTAL Vs. GAGANJOT KAUR SAIRA

JUDGEMENT

(1.) Special leave granted.

(2.) All these eight appeals arise out of a common order dated 26-11-98 of the Punjab and Haryana High Court made in C.W.P. Nos. 12304, 12350, 13775, 13296, 12350 of 1998. The Chandigarh Administration and another (hereinafter called the 'appellants') have preferred four appeals and the individuals affected by the order under appeal have filed separately four appeals. The common issue relates to the admission of the candidates to the MBBS course for the year 1998-99 in the Government Medical College, Chandigarh (hereinafter called the 'College').

(3.) Brief facts leading to the filing of the writ petitions are as under: The Government Medical College, Chandigarh, was started in the year 1991 with an annual intake of 50 MBBS seats. 15% of the seats (7 seats) were being filled by the College from the All India Quota seats in accordance with the decision of this Court from the year 1991 up to 1994 by admitting students selected through the Combined Entrance Test conducted by the CBSE, New Delhi. It appears that from the year 1994-1995 onwards the Directorate of Health Services, Ministry of Health and Family Welfare, Government of India, did not send any students against the 7 seats on account of an order of the Punjab and Haryana High Court holding that the College was not a recognised one. Consequently, all the 50 seats were filled exclusively from the Chandigarh Pool. While so, on 27-3-1998 the Punjab and Haryana High Court in CWP No. 2731 of 1998 held that 100% reservations for the students of Chandigarh Pool was against the settled principles of law on the point. In view of the said judgment dated 27-3-98 of the Punjab and Haryana High Court, it was decided by the Administration to fill up 15% seats from All India Pool and the remaining 85% from Chandigarh Pool. Accordingly, a Notification was issued on 19-9-98. In the said Notification, Clause (d) reads as follows:-