RAJA BALRAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide my judgment dated 3.6.1991, I had disposed of 11 writ petitions, whereby Civil Writ Petition No. 5124 of 1991 was dismissed, while other 10 writ petition Nos. 3801, 4047, 4048, 4049, 4050, 2599, 4146, 5687, 6304 and 4528 of 1991, were allowed. The prayer made in the latter 10 writ petitions, referred to above, was that the Central Government should be directed to sponsor the candidates to the extent of 15% of the strength of seats in the C.B.S.E. quota to the Govt. Medical College, at Faridkot. The stand of the Union of India was that it was not competent to sponsor candidates to the tune of 15% to the Medical College, Faridkot in the C.B.S.E. quota inasmuch as the said college was not recognised by the Medical Council of India. Vide my judgment dated 3.6.1991, while allowing the said 10 writ petitions, I had directed that Union of India would sponsor candidates in the C.B.S.E. quota in the Medical College at Faridkot, and the said college would admit 8 students in the C.B.S.E. quota on the basis of merit obtained by them in the All India Entrance Examination. The end result of my direction was that the petitioner, Raja Balraj Singh, in C.W.P. No. 4528 of 1991 and Miss Pooja Garg in C.W.P. No. 2599 of 1991, could not be retained in the college as their merit in the C.B.S.E. quota was at Nos. 9 and 10 in the list and the number of students to be admitted in the C.B.S.E. quota was 8. Two separate Review Applications (R.A. No. 151 of 1991 in C.W.P. No. 4528 of 1991 and R.A. No. 152 of 1991 in Civil Writ Petition No. 2599 of 1991) have been made on behalf of Raja Balraj Singh and Pooja Garg that in fact they had got admission in the Medical College at Faridkot by virtue of interim orders of this Court and they have studied in the Medical College, Faridkot, for four months oy now. Raja Balraj Singh, petitioner, who had got admission in the Medical College in Assam left that College and got admission in the Medical College, Faridkot, by virtue of the interim order. Miss Pooja Garg who had got admission in the Dental College, Yamuna Nagar, had also left that college to join the Medical College, Faridkot, by virtue of the interim order of this Court. The prayer made by the learned counsel for these petitioners is that by virtue of interim orders, they had got admission in the M.B.B.S. course, in the Medical College, Faridkot, wherein they had put in about 4 months of their studies. Moreover,, they have left the Colleges where they had earlier got admissions. He has craved the indulgence of this Court to direct the respondent to create two additional seats to accommodate the said two petitioners so that their one year of life is not wasted. In fact, it has been submitted that the next All India Entrance Examination has already taken place, where these two petitioners had not taken part and the result would be that they would be wasting two years of their life. The learned counsel has further submitted that the Courts have always seen to it that the admissions granted by it, are usually kept intact even after the decision of the writ petitions.

(2.) There is no doubt that there are only 8 seats in the C.B.S.E. quota in Medical College at Faridkot and these two petitioners are at Nos. 9 and 10 in the merit list. However, in view of peculiar facts and circumstances of this case, I feel that in the interest of these two students and their career, the State Government should apply to the Medical Council of India for the creation of two additional seats for these two petitoners, mentioning the facts as given above, and the Medical Council of India would consider'the case for creation of two additional seats most sympathetically, taking into consideration the facts given in this order. I have no doubt that the Medical Council of India would consider the case of these two petitioners sympathetically and would receive its attention as the facts and circumstances deserve, which have already been quoted above. This order of mine will ensure only for the benefit of these students, i.e. Raja Balraj Singh and Miss Pooja Garg and nobody else. This would also not become a precedent in future.

(3.) The State Government would move the Medical Council of India for the creation of two additional seats within ten days from today, and the Medical Council of India would decide the matter in issue, within another ten days from the date of receipt of request from the State Government. In case, the Medical Council of India decides to accede to the request of the State Government for the creation of two additional seats, the petitioners would be re-admitted to the college forthwith, on the receipt of orders from Medical College of India and the petitioners will not run short of lectures on that score.