JATINDER MEHTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ANNEXURE P-2 is brochure issued by the State of Punjab inviting applications for admission to Post-graduate Degree/ Diploma Courses at the Punjab State Medical College, Amritsar/ Patiala (for short 'the Courses') for the Session 1990. Therein it is provided that all PCMS-II doctors who have served the State for a minimum period of three years rural regular service will be eligible for admission to the Courses and the quota for such doctors will be 60 percent after deducting 25 per cent, of the total seats meant for the candidates to be taken through a Competitive Entrance Examination on all-India basis. The brochure in the end further provides, "in 60 per cent, quota after adjusting Registrars/ Demonstrators, remaining vacant seats will be pooled and seats falling at serial Nos. 1, 5, 9 and so on, will be reserved for the candidates belonging to the Scheduled Castes, serial Nos. 15, 35 and 55 and so on, will be reserved for the Backward Class candidates and those at serial Nos. 39, 87 and so on, will be reserved for the riot-affected/ terrorists-affected displaced persons. Similarly, in 40 percent, quota, same points will be reserved for these categories".

(2.) A reading of the aforesaid quotation shows that the posts available at serial Nos. 15, 35 and 55 are to be given to the Backward Class candidates. The petitioner belongs to the Backward Classes; he is a PCMS-II doctor and has served for more than three years' rural/regular service. He sought admission to the Courses aforesaid. The petitioner had to approach this Court because he was denied the admission under the reserved category contained in the brochure issued by the State Government.

(3.) DR. Ajmer Singh, Principal, Government Medical College, Patiala has filed written statement on his own behalf and on behalf of the remaining two respondents. Therein, the stand taken by the respondents is that (see paras 10, 16 and 19 (i) of the written statement) only those candidates can take benefit of reservation policy whose family income is not more than Rs. 6,000/- per annum and in support of this assertion, reliance has been placed on a letter from the Secretary to Government, Punjab, Social Welfare Department dated 26th November, 1974, a copy thereof appended to the written statement as Annexure R-l.