ALKA NARANG Vs. PUNJAB UNIVERSITY AND OTHERS

JUDGEMENT

(1.) Punjab University conducted combined entrance test for admission to BAMS/MBBS/BHMS courses in the year 2002. The petitioner appeared in the entrance test for admission to BAMS/BHMS courses on 22.05.2002. Her merit number was 663. The first counselling for admission was held on 26.06.2002. The petitioner was admitted against the payment seat at Dhanwantry Ayurvedic College, Chandigarh. As per her merit, the petitioner could only be admitted against the payment seat and not against free seat. Later, as per the orders passed by this Court, 10 seats more became available for being filled in BAMS course. Centralized Admission Committee constituted for conducting admission to BAMS/BHMS courses issued a notice for second counselling, which was earlier postponed for all the eligible candidates for filling up these 10 seats, which were sanctioned provisionally by an interim order passed by this Court. In the notice, it was mentioned that admission against these seats would be subject to the decision of CWP No. 16889 of 2001. The counselling was to take place at the Government Medical College and Hospital, Sector 32, Chandigarh for which the schedule was also given in the notice.

(2.) All eligible reserved category candidates for free and paid seats were required to appear at 9.30 a.m. All eligible General candidates (free seats) were to appear at 10 a.m. and all eligible candidates (Paid seats) were to appear at 12.00 noon. Significantly, this notice makes a clear mention that the candidates already admitted to BAMS/BHMS course-2002 in first counselling are also eligible to appear for change of their category on the basis of their respective merit position. Concededly, the petitioner despite being aware of this notice did not participate in the second counselling. To explain this, the petitioner has mentioned that on 29.08.2002, four free seats were to be filled for which this notice was issued. The petitioner herself has mentioned that the candidates, who have already admitted against paid seats and were higher in rank to the petitioner, were to appear in the counselling for conversion from paid seat category to free seat. When the petitioner noticed that one of the candidates admitted was lower in merit at serial No. 695, the petitioner filed a representation on 05.10.2002 and on 14.11.2002. When nothing was heard, the petitioner served legal notice on 30.12.2002 and thereafter filed Civil Writ Petition No. 4144 of 2003, which was, however, disposed of with liberty to the petitioner to file representation. The petitioner, accordingly filed a representation, which, however, was rejected on 17.04.2004. As per the petitioner, this was without affording any opportunity of hearing to her. When the petitioner pointed out that order was passed without hearing her, she was called for hearing on 21.04.2004. The petitioner had specifically demanded a copy of rules/instructions on the basis of which, this waiting list was prepared but her representation was rejected on 31.05.2004. Thereafter, the petitioner has filed the present writ petition.

(3.) The grievance of the petitioner is that even if she had not participated in the second counselling, she could not be debarred from appearing and for consideration for admission as per her merit.