TANIYA Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This appeal under Clause X of the Letters Patent, 1919 arises out of an order passed by the learned Single Judge of this Court in CWP No.14352 of 2012 decided on 21.09.2012 dismissing the writ petition. The writ petitioner-appellant's (for short "the appellant") claim for admission to the M.B.B.S Course as per merit achieved in Punjab Medical Entrance Test, 2012 has been rejected on the ground that the appellant had qualified the 10+2 examination from a school in the State of Himachal Pradesh.

(2.) Clause 4A(vi) of the notification laying down the terms and conditions of admission to MBBS Courses through educational institutions located in the territory of Punjab requires that the qualifying examination of 10+2 should be cleared from a recognized institution situated in the State of Punjab alone except for the exemptions wherever applicable. Since the case of the appellant does not fall in the category of such candidates who have passed their 10+2 examination from a school in Punjab, she pleaded before the learned Single Judge that her case is covered by exemption clause (iv) of the prospectus which reads as follows:-

(3.) The exemption operates only where the parents were born in the territory of Punjab as per service record and qualify as military/para military forces personnel.