VANDANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment, I dispose of three Civil Writ Petition Nos. 9804 of 2000 titled Miss Vandana v. State of Punjab and others, 14168 of 2000 titled Ankush Jain v. State of Punjab and others; and 13490 of 2000 titled Vishal Jain v. State of Punjab and others as in the opinion of this court, all the three writ petitions can be disposed of by one judgment. More over, common question of law is also involved in these cases.

(2.) FOR the sake of facts, I have taken major facts from Civil Writ Petition No. 9804 of 2000 Miss Vandana v. State of Punjab and others.

(3.) THE case set up by Miss Vandana is that the Governor of Punjab issued order for the selection of stu - dents for admission to M.B.B.S./B.D.S./B.A.M.S. (Ayurvedacharya) Courses for the session 1999 -2000 in all the three State Medical College, two State Dental Colleges and Govemment Ayurvedic College. Patiala. The notification was issued on 18.5.1999. The Governor of Punjab further issued notice that the entrance test would be conducted by respondent No. 3 - University through Guru Nanak Dev University, Amritsar. According to Chapter II of Clause IV. of the Prospectus, vacant N.R.I, seats will be offered to N.R.I, sponsored Indian candidates who will have to pay the fee fixed for N.R.I, candidates. It is alleged by the petitioners that respondent No. 4 issued an advertisement dated 19.12.1999 published in the Newspaper "Punjab Kesri" mentioning therein that admission in B. A.M.S. (Ayurvedic) in the session 1999 -2000, certain N.R.I, seats were available and the interested candidates can personally contact respondent No. 4 for further information. The petitioner after going through the said advertisement, contacted respondent No. 4 and she submitted necessary application alongwith required documents. The same was received in the office of respondent No. 4. The petitioner was supposed to deposit Rs. 4,50,000/ - as tuition fees for the full course and a sum of Rs. 50,000/ - was deposited by the petitioner. However, no receipt was issued to her. Respondent No. 4 vide his letter dated 29th May, 2000 addressed to the Hon'ble Minister, Medical Education and Research, Government of Punjab, Chandigarh, requested for extension of time of the admission date of the Ayurvedic Colleges of the State of Punjab to fill up the vacant seats as was done in the last session 1998 -99. The State of Punjab, vide its corrigendum dated 23.5.2000 extended last date of admission up to 31.5.2000. A copy of the letter was sent to the Vice Chancellor, Baba Farid University. After issuance of the corrigendum, respondent No. 4 issued admission' notice duly published in the News Paper" "Punjab Kesri" dated 25.5.2000, informing that the candidates seeking admission for B.A.M.S. courses, against N.R.I, seats in Dayanand Ayurvedic College, Jalandhar with 50% marks, should contact him on or before 27.5.2000. It was also mentioned that the interview will be held on 30.5.2000 in the office of the Principal. The case of the petitioner is that she had already applied in -response to the notice dated 19.12.1999 Annexure P -3. She started attending the lasses regularly since 14.1.2000 under Roll No. 43 and P.R. No. 393. However, she attended the formal interview conducted by respondent No. 4 in May, 2000. She was issued a certificate dated 31.5.2000 which shows that the petitioner was admitted in the college in B.A.M.S. Course Ist profession for the session 1999 -2000 against N.R.I, seats. On the contrary to the notification Annexure P -6, vide which the Governor of Punjab extended the last date of admission up to 31.5.2000. Respondent No. 3 Baba Farid University, wrote a letter dated 30.5.2000 in which it was decided not to allow any admission either to Post Graduate Courses or to B.A.M.S. Course in contravention to the corrigendum dated 23.5.2000. This letter is Annexure P -11. The petitioner alleged that this letter has been issued by respondent No. 3, purely in an arbitrary manner against the notification issued by the Governor of Punjab, which was the supreme body. It was also pleaded by the petitioner that her father submitted a representation to the Secretary, Government of Punjab dated 15.5.2000, in which it was pointed out that the petitioner is studying since January, 2000 and she had been attending the course for the last 4/5 months against N.R.I, seal, therefore, necessary approval may kindly be granted in her favour. Her father also made representations to the Governor of Punjab and to the Vice Chancellor of Baba Farid University and also to the Chief Minister to regularise the admission of the petitioner, who was studying for the last 7 months i.e. from January, 2000. It was also pleaded that respondent No. 3 wrote a letter to respondent No. 4 on 17.7.2000, in which it was pointed out that as per the record of the University, it had never received any return in respect of Ms. Vandana. Respondent No. 4 also wrote a letter on 22.7.2000 to the University in which it was written that the college had taken the interview on 30.5.2000 at 11 a.m. In this interview, the petitioner had also been selected and her name has been placed at serial No. 3. The grouse of the petitioner is that the letter Annexure P -11 issued by respondent No. 3 and further action of the respondents in not regularizing the admission of the petitioner to B.A.M.S. Course Ist Profession, is illegal, null and void and unconstitutional and against the provisions of the prospectus.