STATE OF PUNJAB Vs. DR. VANITA BANSAL

JUDGEMENT

(1.) THIS appeal filed by the State of Punjab under clause X of the Letters Patent is directed against the judgment of the learned single Judge dated 8.1.2001 whereby civil writ petition 11962 of 2000 was partly allowed and a direction issued to respondents No. 1 and 4 therein to admit the petitioner against one of the two seats under the sub -category of hearing impairment' and 'orthopaedically handicapped' persons if those seals had already not been filled or given to any other candidate. Facts giving rise to the appeal which are not in dispute may first be noticed.

(2.) ADMISSIONS to the Three -year Post Graduate Degree Courses for the session 2000 in Government Medical Colleges in Punjab, Dayanand Medical College, Ludhiana, Dental Colleges in Punjab and Government Ayurvedic College, Patiala were made on the basis of the merit obtained by the candidates in the Post Graduate Entrance Test which was conducted by Baba Farid University of Health Sciences, Faridkot (for short the University). Out of the total seats, 25% were to be filled on All India basis through acompetilive entrance lest. Of the remaining seats, 60% were filled from amongst the eligible P.C.M.S./P.C.M.S. (Den -tal)/P.P.E.S. in -service doctors while the remaining 40% seats .were filled from amongst non -P.C.M.S./P.C.M.S. (Dentaal)/P.D.E.S. through the entrance test conducted by the University. Clause 8 of the prospectus issued by the University provides tor reservation of seats for various categories to the aforesaid course. Amongst other 3% seats were reserved for physically handicapped persons which were further divided into sub -categories as under :

(3.) WE have heard counsel for the parties and are of the view that the appeal deserves to succeed. As regards the admission given to Dr. Jasbir Singh, the learned single Judge has found that he was rightly admitted in the speciality of M.D. (Ob. and Gynae) since no eligible candidate was available in the sub - Category of blindness/low vision. The writ petitioner had not come up in appeal against the decision of the learned single Judge and, therefore, we will not interfere with the finding of the learned single Judge on this issue. Even otherwise, we are of the opinion that in terms of the prospectus the teamed single Judge was right in holding that in the absence of any eligible candidate in the sub -category of blindness/low vision for which one seat had been reserved in Government Medical College at Patiala, Dr. Jasbir Singh respondent could be given admission who had applied in the sub -category of orthopaedically handicapped persons.