LALIT KAPUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of C.W.R Nos. 12245 and 12757 of 1991 as common question of law is involved in these petitions. For the purposes of order, facts have been taken from C.W.R No. 12245 of 1991

(2.) This is a writ petition claiming admission to M.D.S. Course. It has been pleaded in the writ petition that according to the criterion laid down, admission were to be regulated on the basis of marks obtained in the B.D.S. The petitioner claims that he had obtained higher marks than some other candidates was have been admitted to M.D.S. Subsequently, the government has changed the criterion and has ordered that admission be made on the basis of the merit prepared on the basis of the competitive examination. I need not go into the greater details of the case as this case is squarely covered by the judgment ot this Court in C.W.P No. 18403 of 1991 'Dr. Mohamad Shabir and Ors. vs. State of Punjab and Ors., decided on April 9,1992.

(3.) According to the first advertisement the admission should have been made on the basis of the marks obtained in the B.D.S. examination. Admittedly, petitioners Lalit Kapur and Munisha Sahni have obtained higher marks in the B.D.S. than the other two candidates namely Dr. Anuradha Rani and Dr. Sunil Sharma who have been admitted in the M.D.S. Accordingly, the petitioners were entitled to be admitted to M.D.S. on the basis of the marks obtained by them in the B.D.S. After obtaining the application for admission and.selection, the method of admission was arbitrarily changed. This mid- stream change was considered arbitrary and unreasonable by the Division Bench of this Court in Dr. Mohamad Shabir's case . The Division Bench did not quash the entire selection but ordered that the petitioner before the Bench should be admitted. Following the ratio of the aforesaid Division Bench Judgment, the present writ petition deserves to be allowed and the petitioners should be admitted to the M.D.S. Course.