MISS VANDANA BHATIA Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) Course became vacant in the College as the candidate selected against the defence quota seat did not join. On 7th Dec., 1990, the Principal of the Faridkot College informed Principal, Medical College, Patiala, who was the Chairman of the Selection Committee, regarding seats which were vacant in the M.B.B.S. course. It was mentioned that apart from other seats in different categories, one seat in the defence quota remained unfilled. One Vivek Sekhri who was also in waiting list of the General category was offered that seat. He, however, informed the College on 14th March, 1991 that he was not interested to get admission in the College (Annexure P-1 with the writ petition).

(2.) The Principal of the College after more than one month of the receipt of the letter from Shri Vivek Sekhri, wrote to the petitioner on 19th April, 1991 that she was being offered the seat in the M.B.B.S. Ist Professional course for the session 1991, subject to medical fitness, verification of all original certificates and approval of the University. A copy of this letter has been appended as Annexure P-2 to the writ petition. The petitioner left her studies in the B.D.S. course where she was earlier admitted and joined Medical College, Faridkot on 23rd April, 1991. From the record, I find that thereafter a letter was written by the Principal of the College to the University on 17th Dec., 1991, for getting approval regarding the late admission of the petitioner. The University informed the Principal of the College vide latter dated 24th Dec., 1991 (Annexure R-4 with the written statement of the College) that the case of granting approval to the late admission of the petitioner in 1st Professional M.B.B.S. class could only be considered in case the student submitted an affidavit duly attested by the Magistrate, 1st Class, to the effect that she would appear in the 1st Professional M.B.B.S. examination only after completing 11/2 years period of studies/75% lectures and attendance as per ordinance of the University. The petitioner filed the requisite affidavit on 30th Dec., 1991 to the Principal of the College and the same was remitted to the University by the College on 3rd Jan., 1992. On 14th Jan., 1992 (Annexure R-6 with the written statement of the College), the University wrote to the Principal of the College that approval had been accorded to the late admission of the petitioner, subject to the further approval by the Academic Council and under the condition that she would appear in the annual examination of the 1st Professional M.B.B.S. only after completing her requisite 11/2 years' studies and after attending 75% of the lectures in theory and practicals.

(3.) The Ordinance of the University relating to the eligibility for appearing in the 1st Professional M.B.B.S. examination may be noticed:-