KUMUD DHARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 8492 of 2000 (Dr. (Mrs.) Kumud Dharwal v. State of Punjab and others) and 8582 of 2000 (Dr. Satinder Pal Singh and others v. State of Punjab and others) in which common questions of law and facts have arisen.

(2.) Dr. (Mrs.) Kumud Dharwal, petitioner in Civil Writ Petition No. 8492 of 2000, had appeared in the entrance test conducted by Guru Nanak Dev University, Amritsar (hereinafter referred to as 'the University') in terms of the Notification bearing No. 5/19/99/IH-83/1537, dated 18-5-1999 for admission to post-graduate M.D./M.S. courses commencing from academic session 1999. As per directions contained in the Notification, admission process was to be completed up to 309-1999. The petitioner was successful and was called for interview. She was offered M.D./M.S. course in various specialities. Since she was teaching Anatomy in Guru Ram Dass Medical College, Amritsar, she was keen to seek admission in the course of M.S. (Anatomy). As the seats for the said course has been filled up, she opted to remain in the waiting list. Being a meritorious candidate after the candidate admitted in M.S. (Anatomy), she was at serial No. 1 of the waiting list maintained by the University. The Government of Punjab extended the last date of admission in the said courses upto 31-5-2000 vide corrigendum bearing No. 5/19/99-5H-82/2206, dated 22-5-2000 (Annexure P-1). The petitioner was selected for M.S. (Anatomy) course against the seat vacated on 3-2-2000. Accordingly, she submitted necessary documents and requisite fee to the University on 26-5-2000. While she was undergoing study in the said course, her admission was cancelled as per letter dated 29-5-2000 (Annexure P-4) received by her from the Principal, Government Medical College, Amritsar (respondent No. 4). Impelled by the cancellation of her admission, she filed Civil Writ Petition No. 7388 of 2000, but the same was allowed to be withdrawn with liberty to file a fresh writ petition as she had associated other persons (i.e. petitioners in Civil Writ Petition No. 8582 of 2000) who had different causes of action. Thereafter, the petitioner had approached the Principal, Government Medical College, Amritsar (respondent No. 4) by way of representation dated 7-6-2000 (Annexure P-5) seeking reasons with regard to cancellation of her admission to the course. The respondent No. 4, vide letter dated 14-6-2000 (Annexure P-6) intimated to the petitioner that her selection was provisional and subject to approval by Baba Farid University of Health and Sciences, Faridkot (respondent No. 3) and as the said University had refused to grant approval, it led to cancellation of her admission. Forced by these circumstances, she filed the present writ petition under Art. 226 of the Constitution of India seeking quashing of the order dated 29-5-2000 (Annexure P-4) whereby her admission to the course of M.S. (Anatomy) was cancelled.

(3.) Dr. Satinder Pal Singh, Dr. Aman Sood and Dr. Meenu Sharma, petitioners in Civil Writ Petition No. 8582 of 2000, had appeared in the entrance test for admission to post-graduate M.D./M.S. courses conducted by the University and were declared successful. They appeared for interview. Dr. Satinder Pal Singh (petitioner No. 1) was offered various specialities, but he was keen to take admission to the course of M.D. (Medicine) and for that reason opted to remain on the waiting list maintained for the said course. His name was at serial No. 7 of the waiting list. Dr. Aman Sood (petitioner No. 2) opted to remain in the waiting list for doing M.D. (Psychiatry). He was at serial No. 1 of the waiting list maintained for the said course. Dr. Meenu Sharma (petitioner No. 3) opted to be on the waiting list maintained for the course of M.D. (Psychiatry). Her name was earlier at serial No. 2 of the said waiting list but since candidate at serial No. 1 was absent, she was placed at serial No. 1. It has been averred in the petition that thereafter the petitioners were sent telegrams requiring them to bring their original documents and deposit their fees on 31-5-2000 failing which they would not be admitted. A copy of such telegram received by petitioner No. 1 from the Principal, Government Medical College, Patiala (respondent No. 5) has been annexed with this petition as Annexure P-2. Telegrams were also sent to persons who were higher in merit than petitioner No. 1 i.e. Dr. Arun Bhandari, Dr. Shalinder Singh Samra, Dr. Vishal Verma and Dr. Sachin Jindal. All the said doctors except Dr. Vishal Verma gave in writing that they were not interested in taking admission in the said courses since they had already joined the courses of their preference in some other Medical Colleges. However, when the petitioners went to deposit their fees, the same were not accepted. In this petition, the petitioners have prayed that the respondents be directed to admit the petitioners to M.D./M.S. courses to which they have been selected in accordance with their merit and preference.