GURKARAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner seeks admission to the MBBS Course against the reserved seats meant for wards of terrorist and riot affected persons. As per the petitioner, he is fully eligible for admission to the said course in this reserved category. The petitioner had secured 85.5% marks in matriculation and 84% in his higher secondary examination and, thus, claims to be a meritorious student. Baba Farid University of Health and Sciences has invited applications for filling up total 350 seats in MBBS and BDS Courses. Out of these, 15% seats were reserved for All India quota and remaining 85% seats were to be filled from the State quota. As per the petitioner, 297.5 seats were as such available for being filled from such category of students.

(2.) Reservations are made for Scheduled Castes, Backward Class, Backward Area/Border Area, physically handicapped, Sports person, and Wards of terrorist affected persons. This is so provided in the prospectus. As already noticed, petitioner claimed admission in the reserved category of terrorist affected persons, which has further been categorized in respect of persons killed in terrorist actions in Punjab/riots outside Punjab and Terrorist/Riot affected/displaced persons. As per the petitioner, his case would fall within the second category of terrorist/riot affected/displaced persons. He had accordingly applied in the said reserved category for which 2% seats are reserved. As per the petitioner, 2% seats out of 297.5 total number of seats, works out to 5.95 seats, which as such has to be taken as 6. The petitioner, therefore, pleads that 6 seats should come to the quota of riot affected category, whereas only 5 seats have been filled from amongst the students belonging to this category.

(3.) The petitioner has appeared in this examination and his name figured at Sr.No.6 in the category of 'Wards of terrorist affected persons as given in Annexure P-6. The petitioner accordingly appeared for counselling, but to his utter dismay, he was informed that only 5 seats have been reserved for this category. He has accordingly filed this petition to impugn the action of the respondent- University and would claim that 6 seats should come to quota of this category and the petitioner be admitted against sixth seat being next in order of merit.