RAJ SANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I. The subject of challenge The issue involved in this case relates to a challenge to an advertisement notification issued by the Baba Farid University of Health Sciences, the 2nd respondent herein, providing for institutional preference of 50% seats in the general category candidates for admission to MDS and MD/MS/PG Diploma Courses for students, who have passed the qualifying examination from Baba Farid University of Health Sciences, Faridkot, Guru Nanak Dev University, Amritsar and Punjabi University, Patiala except the Christian Medical/Dental Colleges, Ludhiana. The petitioner's grievance is that he is a student of the Panjab University, Chandigarh and the institutional preference that has been provided to exclude a student from Panjab University, Chandigarh is unconstitutional and violative of Articles 14 and 15. The counsel for the petitioner has another contention, seemingly inconsistent, to project, as if in alternation, that if the institutional preference could be extended by Baba Farid University of Health Sciences, Faridkot beyond the said University to two other Universities, it ought to be extended to students of Panjab University, Chandigarh, since Chandigarh is the capital of Punjab and there are decisions that hold that there is no difference between the University of Panjab and other universities established in the State of Punjab. II. Basis of contention by petitioner

(2.) THE petitioner has obtained a degree in BDS and is an aspirant to admission to the Post Graduate course. THE grievance of the petitioner as regards the advertisement notification is on the ground that even the institutional preference to the extent to which it has been found admissible by decision of the Supreme Court should be strictly construed, especially for admission to Post Graduate Courses and such institutional preference must, therefore, be understood as only making possible for institutional continuity in pursuit to higher courses in the same institution or University which in this case must be confined only to Baba Farid University and cannot be extended to students of Punjabi University, Patiala and Guru Nanak Dev University at Amritsar. III. Basis of contention by the respondents

(3.) THE respective contentions of the parties are all fully governed by the decisions of the Supreme Court and therefore, the enquiry that is proposed to be undertaken in this judgment is only to see the contours of institutional preference that had been etched out through the pronouncements. THEre is no need for elaborate setting out of details of facts in the petition, for the singular consideration shall be whether a student of Panjab University, Chandigarh could question an institutional preference to admission in a Post Graduate Course from the University established in Punjab, which is confined not merely to that particular University but also includes two other Universities established within the same State. (a) Rationale for institutional preference