PUNJABI UNIVERSITY Vs. MANMOHAN

JUDGEMENT

(1.) THIS order will dispose of 19 connected review applications (Review Applications Nos. 31 to 49 of 1972), filed by the Punjabi University, Patiala, against the various writ petitioners whose petitions were allowed by our judgment, dated July 17, 1972. By that judgment, we had disposed of 31 connected writ petitions. The main judgment had been written in Civil Writ No. 1894 of 1972, Man Mohan v. State of Punjab (reported in AIR 1973 Punj and Har 227) from which review Applications No. 45 of 1972 has arisen. Various first class B. Sc. graduates who were candidates for admission to the Government Medical Colleges at Amritsar and Patiala had filed those petitions for striking down a new condition imposed on the eligibility of Science Graduates for admission to those colleges, namely, the necessity to obtain at least 60 per cent. marks in the essential subjects in the Premium Medical Examination (or its equivalent examination) whereas simple Pre-Medical (pass) candidates were eligible for admission even if they had obtained 50 per cent marks in that examination. The State of Punjab, the Guru Nanak University, Amritsar the Punjabi University, Patiala, the Punjab University, Chandigarh and the Principal, Medical College, Amritsar had been impleaded as respondents in almost all of the 19 writ petitions in which Review Applications have been filed.

(2.) AT the hearing of those petitions, the learned Advocate-General for the State of Punjab, appeared for the State, the Punjabi University and the Principal, Medical College, Amritsar (respondents Nos. 1, 3 and 5 in the writ petitions ). A separate counsel appeared for respondents No. 2 the Guru Nanak University, Amritsar. At the hearing of the writ petitions, all the counsel present before us stated that we may confine ourselves to the facts of the case of Man Mohan v. State of Punjab, AIR 1973 Punj and Har 227) (supra), as there was no material difference between the facts of that case and the relevant facts of the remaining cases. Man Mohan's case was first admitted by us at the motion hearing. Originally we were not inclined to admit the petition but it was admitted only when it was pointed out to us that whereas Pre-Medical (Pass) Candidates with 50 per cent. marks were eligible, First Class Science Graduates (with essential subjects) had been made ineligible even if they had obtained 50 per cent. marks in the Pre-Medical unless they had secured at least 60 per cent marks in the said examination. This was the point specifically taken up in Paragraph 8 (i) of Man Mohan's writ petition and the same was quoted verbatim by us in the main judgment. The factual aspect of the point can stand repetition. It was stated that while the category possessing higher qualifications (B. Scs. and M. Scs.) is required to secure 60 per cent. marks at both the stages, i. e. , in the higher examination as well as the lower examination the category possessing the qualification of only Pre-Medical is required to possess only 50 per cent. marks. It was this action which was claimed to the discriminatory and arbitrary. It was further specifically stated in the writ petition that it was this action which had no nexus whatsoever with any object that the Government may have in view. The Annexures with Man Mohan's writ petition consisted of:- (i) Annexure A--being an extract from the Punjabi University Chandigarh Calendar showing the conditions of eligibility for admission to the M. B. B. S. course which were in force previously; (ii) Annexure B--being a copy of the advertisement in "the Tribune" inviting applications for admission to the M. B. B. S. Course at the State Medical Colleges at Amritsar and Patiala; (iii) Annexure C--being a copy of letter from the Punjab Government to the Vice-Chancellor Guru Nanak University, referring to the criteria of admission in Medical Colleges suggested by the Government on reconsideration of the whole issue of admission to those colleges; (iv) Annexure D (produced at the hearing of the petition)--being a printed copy of the brochure for admission to first year M. B. B. S. Class 1972--Government Medical Colleges, Amritsar and Patiala; (v) Annexure E (also produced at the hearing)--being the original letter issued by the Principal, Medical College, Amritsar to one of the B. Sc. candidates informing him that his claim for admission to M. B. B. S Course on B. Sc. basis could not be admitted since his marks in essential subjects in the Pre-Medical were less than 60 per cent; and (vi) Annexure RI--Cyclostyled copy of the Ordinance of the Guru Nanak University, Amritsar, laying down the criteria for eligibility to the M. B. B. S. Course of that University.

(3.) NO other document was either filed in Man Mohan's petition, AIR 1973 Punj and Har 227, or produced before us at the hearing of the writ petitions, whereas in Annexure A (previous rule followed by the Punjab University), the basic qualifications was laid down as Pre-Medical (pass) with 50 per cent. or above marks in the essential subjects and B. Sc. and M. Sc. (pass) candidates possessing the said basic qualification were also made eligible on the condition that they should have obtained at least 50 per cent. marks even in those higher examinations, in all other documents relating to the admissions during 1972, it had been stated that a Pre-Medical (pass) candidates with 50 per cent. marks in essential subjects was eligible but a Science Graduate with 60 per cent. or more marks in essential subjects would not be eligible unless he also obtained at least 60 per cent. marks in the essential subjects in the Pre-Medical Examination. It was on this basis that all the writ petitions were argued before us and heard and decided by us. In fact, in the opening part of our judgment, we had quoted the crucial point argued before us in the following words:-