LAWS(P&H)-2001-7-164

KAPIL DEV Vs. STATE OF PUNJAB

Decided On July 26, 2001
KAPIL DEV Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment of the learned Single Judge dated 25.1.2001, vide which the writ petition filed by the appellant was dismissed with no order as to costs.

(2.) THE basic contention raised before the learned Single Judge in writ petition was that the condition of obtaining minimum 40% qualifying marks for seeking admission to the speciality of Pedodontics as a post graduate course in the Government Dental College is not applicable in the case of the petitioner. According to the petitioner, prospectus does not specifically provides for such a condition. Even if it is assumed for the sake of arguments that such a condition was applicable to the subject, still the case of the petitioner will fall within the exceptions clause of condition 5 -A(d) of the prospectus.

(3.) THE facts of the case are hardly in dispute. The only material question that falls for consideration is, whether the condition 5 -A(d) of the prospectus is applicable for the course of Pedodontics to which the appellant wanted to seek admission or not ?