DR. AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - This order will dispose of Civil Writ Petition Nos. 9166 of 1990, 10572 and 11492 of 1990 involving common questions of law and facts. For the purpose of judgment, facts have been from Civil Writ Petition No. 9166 of 1990.

(2.) The petitioner, a PCMS-II Medical Officer, who belongs to a Scheduled Castes community, applied for admission to Post Graduate Course for the Session 1990. His choice of subjects was as follows:-

(3.) The case of the petitioner, as put forward by his Counsel is, that in the category of Scheduled Caste candidates, there was only one candidate, who had secured more marks than the petitioner. However, this candidate gave in writing giving up his claim for M.D. Paediatrics Course as he was not interested in the same. Thereafter, the petitioner submitted an application to respondent No. 3 requesting to admit him in M.D. Paediatrics against the seat meant of a Scheduled Caste candidate, but his request for that speciality was not acceded to. The other plea raised by the learned Counsel is that as per Govt. instructions/policy guidelines contained in Annexure P-5 dealing with the subject of reservation of seats for Scheduled Castes and Backward classes regulating the admission to Post-Graduate Course, the reservation has to be provided speciality wise. According to the formula laid down therein, one seat has to be given to a Scheduled Caste candidate in M.D. Paediatrics, but in the present case, there is total departure from the said policy guidelines. The contention of the petitioner's counsel remains that if the formula laid therein was observed, the petitioner being higher in merit would have been admitted as per his first preference to M.D. Paediatrics.