KANWALDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Dr. Kanwaldeep Kaur, M.B.B.S. has invoked the writ jurisdiction of this Court for a direction to be issued to the State of Punjab through the Secretary, Health and Family Welfare Department, Director, Research and Medical Education, Punjab and the Principals of Medical Colleges at Amritsar and Patiala, for grant of admission in M.D. Gynaecology in the Medical College, Patiala, keeping in view her merit in the Post-graduate Competitive Entrance Examination as also separate quota reserved for the Scheduled Castes.

(2.) On 30th July, 1991, the Motion Bench, keeping in view the academic qualifications and training of the petitioner, issued a direction to the respondents as an interim measure, to permit the petitioner to attend classes of M.D. Gynaecology in the Medical College at Patiala, in case some seat in that speciality was lying vacant and had not been filled by a candidate belonging to other categories. Later on, on 20th August, 1991, when after going through the written statement filed by the respondents and having heard the learned counsel for the parties, the writ petition was admitted, the Motion Bench directed the respondents to give admission to the petitioner in the speciality of Gynaecology In order to have the direction effectively complied with, it was also directed that if no such seat was available, then one seat shall be diverted from other specialities to the Gynaecqlocy Department at the Medical College, Patiala, Almost a year has passed and the petitioner has been continuing with her studies.

(3.) In February, 1992, when the case came up for final hearing, it was considered necessary to verify as to whether any seal was in fact lying vacant against which admission of the petitioner could be made and regularised. For that reason, the petitioner was directed to file an affidavit after verifying the position. Accordingly, the petitioner filed her affidavit on 24th February, 1992, which is reproduced below:-