HARNEET SINGH KHURANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prayer in this petition is for the issuance of a writ of certiorari quashing the admission of Mohmeet Singh Brar � respondent no.4 in Post Graduate course of M.D. (Medicine). The prayer is based on the plea that the 4th respondent is lower in merit and ranking than the petitioner. Still further, a writ of mandamus is prayed for to grant the admission to the petitioner in M.D. (Medicine) by shifting the 4th respondent to M.D. (Anesthesia), which course the petitioner is presently pursuing for the last one year in the academic session 2011-2012.

(2.) THE brief facts are that the petitioner did MBBS from Dayanand Medical College & Hospital, Ludhiana and internship in December 2010. He is eligible for admission in MD/MS courses. That PGET-2011 was conducted on 20.02.2011. The result was declared on 23.02.2011. The petitioner applied under the 40% open quota. He was declared successful in qualifying the entrance test by obtaining 588 marks. His overall rank was 99. Later on his ranking was re-fixed at 92. These facts are not disputed. A few students seeking admission in the same academic session 2011-12 filed CWP No.5989 of 2011 titled Nehpreet Kaur vs. State of Punjab and others challenging Clause 26(a) of the notification/prospectus contending that leftover NRI seats on conversion into management seats should not suffer NRI quota fee. This Court vide order dated 25.05.2011 allowed the writ petition. The following directions were issued:-

(3.) IN my view, the petitioner cannot be heard to complain that he did not know of the judgment of this Court and its impact on fee or of the public notice (P-3) issued by the respondent � University which reads thus:-