PREET KANWAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dr. Preet Kanwal Singh and Dr. Pradeep Mahajan have filed this petition under Articles 226/227 of the constitution of India praying for issuance of an appropriate writ, order or direction directing the respondents to pay stipend to both the petitioners for complete period of three years, when they were undergoing the courses of their respective specialities at the institutions alloated to them, by the respondents for that purpose.

(2.) Petitioner No.1 passed his B.D.S.course in June, 1993 and applied for the post of House Surgeon in Dentistry Department of P.G.I.Chandigarh. He claims that he stood first in the examination and was accordingly selected to work as House Surgeon where he worked till December, 1994 in that capacity. Similary, petitioner No.2 completed his B.D.S.examination in 1994 and worked as Demonstrator in Christain Medical College, Ludhiana.

(3.) Punjabi University, Patiala, conducted an entrance test for admission to post-graduate courses in dentistry commencing from the academic year 1995-96. Both the petitioners were eligible to appear in the entrance test for 40% seats belonging to non-PCMS group. The entrance test result was declared and petitioner No.1 secured 7th position. While petitioner No.2 secured 9th position in merit. In terms of clause 1.5 of the prospects the allocation of college and subject was to depend upon the merit of the candidate. 11 seats were to be filled up under the 40 % category of the total seats to which the petitioners belonged.