PUNJAB PRIVATE UNAIDED MEDICAL & DENTAL COLLEGES ASSOCIATION AND OTHERS Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) (3rd April, 2012) - This order shall dispose of the above noted three writ petitions filed by either the Private Unaided Medical and Dental Colleges or their Association, claiming autonomy to the Private Unaided Medical and Dental Colleges, regarding admission of the students under the Management/Non Resident Indian Category to the Graduate and Post Graduate Courses. The grievance of the petitioners is that Baba Farid University of Health Sciences is filling up all the seats of Management/NRI quota of its own in terms of the Punjab Government notification dated 10.1.2011. As per the said notification, the admission application forms are to be submitted to the University along with the prescribed fee and other enclosures on or before the due date and the time. The University makes admission on the basis of such applications.

(2.) Learned counsel for the petitioners have referred to The Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006 (Act No. 6 of 2006), enacted for the regulation of admission and fixation of fee and making the reservation in the Private Health Sciences Educational Institutions in the State of Punjab. The said Act was amended vide Punjab Act No. 24 of 2006, wherein amongst others, Section 2(e) defining the Management Category and sub-section (3) of Section 3 was substituted.

(3.) The provisions originally enacted and the provisions as amended need to be extracted before the arguments raised by the learned counsel for the parties is considered. It read as under:-