ARSHPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The respondent-University invited applications for admission to MBBS/BDS Courses. There were total 400 seats for first three Government Medical Colleges, out of which 15% seats were to be filled in by the Government of India and remaining 85% seats, i.e. 340 seats, from amongst the applicants, which included seats reserved for Scheduled Castes, Backward Class, Backward Area/Border Area, Physically Handicapped, Sports Person, Wards of Terrorist Affected Persons for which 2% seats were reserved. The grievance of the petitioners is that out of 340 seats, only 2% seats has been reserved for the Terrorist Affected Persons to the extent of 6 seats but, as per their calculation, seats would be 7 because 2% would come to 6.80, which is almost 7. The second grievance of the petitioners is that though only the wards of the Terrorist Affected Persons are eligible but the grandchildren of the Terrorist Affected Persons have been given admission.

(2.) In respect of the first submission with regard to number of seats, he has relied upon a decision of this Court in the case of Gurkaran Singh v. State of Punjab and others, LPA No.1749 of 2012, decided on 10.12.2012. In that case, the student was seeking admission to the MBBS Course against the reserved seat of Wards of Terrorist Affected Persons. It was claimed that as per the prospectus, 2% seats are reserved for that category which, according to the respondents, were 5 seats and according to the appellant in that case were 6 seats. The admission to the 6th seat was resisted on the ground that 2% seats has to be calculated after excluding 15% seats meant for All India Quota and 25% seats of Scheduled Caste category.

(3.) It was argued by the respondents in that case that the seats reserved for the scheduled caste candidates are the vertical reservation whereas the seats reserved for wards of terrorist and riot affected persons are horizontal reservation and such horizontal reservation cannot be given either to the All India category or Scheduled Caste candidates.