GEETIKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this order, I shall dispose of 8 writ petitions bearing CWP Nos.17852, 19972, 13584, 17432, 17290, 17664, 18177 and 21017 of 2013 due to commonality of the issue involved.

(2.) However, the facts are extracted from CWP No.17852 of 2013. It is common case of the parties that the petitioners in all the cases are residents of the State of Punjab but they have passed their 10+2 examination from a school outside the State of Punjab. Uptill the year 2012, the admissions in the medical/dental colleges in the State of Punjab were regulated through Punjab Medical Entrance Test (PMET) but in the year 2013, National Eligibility-cum-Entrance Test (NEET-UG-2013) was held, on the basis of which All India Rank and the State Preference Rank were prepared.

(3.) The common case of the petitioners in all the cases is that they are eligible for admission as per the State rank but admission was not granted to them because of Clause 14 of the notification dated 05.06.2013 issued by the Government of Punjab, Department of Medical Education and Research, on the subject of admission to the MBBS/BDS courses in the government and private institutes of the State of Punjab which required that a candidate should have passed his/her 10+2 examination or other qualifying examination in place of 10+2 from a recognized institution situated in the State of Punjab except for the exemptions wherever applicable. It is alleged that the online form for NEET-UG-2013 was filled up by all the petitioners in the month of December, 2012, NEET-UG-2013 exam was held on 05.05.2013, result thereof was declared on 05.06.2013 and on the same day, notification was also issued containing the impugned Clause 14. It is not disputed that all the petitioners have passed their 10+2 from the Central Board of Secondary Education from the schools/institutions situated outside the State of Punjab. It is also their common case that they were born in the State of Punjab, permanent residents of the State of Punjab and have also studied upto 10th Class in the State of Punjab and simply for the reason of doing 10+2 from an institution outside the State of Punjab, they cannot be debarred from seeking admission. It is alleged that till the time of their appearance in the NEET-UG-2013 examination, the notification dated 06.09.1996 was in operation, which has also been made a part of the notification dated 05.06.2013, as reflected in Clause 12 thereof. Clause 12 of the notification dated 05.06.2013 is reproduced here-asunder:-