MEENAKSHI SINGLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners who were students were admitted to the M.B.B.S. course at Govt. Medical College, Amritsar are aggrieved by the order by which respondent Nos. 5 to 8 have been transferred from the Government Medical College, Faridkot to the Government Medical College, Patiala without considering their claims. It is their case that they were higher in merit than respondent Nos. 5 to 8 and as such, the action of the respondents in not transferring them from the Government Medical College at Amritsar to Government Medical College at Patiala was arbitrary and unfair.

(2.) The petitioners claim that they appeared in the competitive examination held for admission to Medical College, Patiala. In accordance with the stipulation in the admission forms they had indicated their first preference for admission to Medical College at Patiala, second preference for the college at Amritsar and the third for the Medical College at Faridkot. However, on the basis of their merit they were admitted to the Medical College, Amritsar and not at Patiala. The petitioners further claim that respondent Nos. 5 to 8 who were lower than one or the other petitioner were admitted at Medical College, Faridkot. The petitioner have also averred that certain seats became available at Medical College, Patiala. They claim to have represented vide Annexure P-3 for their being transferred against the available seats. Instead of transferring the petitioner, the respondents transferred persons (respondent Nos. 5 to 8) who were below one or the other petitioner in order of merit from Medical College, Faridkot to the Medical College, Patiala. This the petitioners claim, was not only contrary to the instructions issued by the Government vide its letter dated 1.12.1982 (Annexure P-2) but was even otherwise contrary to the rule of merit and was violative of Article 14 of the Constitution.

(3.) A written statement has been filed by respondent No. 4. It has been inter alia, averred that in the prospectus for admission to M.B.B.S. course in clause 4.2.b(iv) it is mentioned that 16.10.1990 is the cut-off date for mutual adjustment of candidates and no adjustment could be made after that date. It has been further averred that as per instructions issued by the Director, Research and Medical Education, Punjab, vide letter dated 6.8.1981 (Annexure R-1), the students admitted at Guru Gobind Singh Medical College, Faridkot only can be shifted to Medical College, Patiala or Amritsar against the resultant vacancy. No other transfers are made except the migration in accordance with rules laid down by the Medical Council of India. Reference has also been made to the order passed by this Court in C.W.P. No. 10719 of 1989 and the order passed by their Lordships of Supreme Court in S.L.P. No. 1293 of 1990.