RAMANDEEP Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner belonging to Scheduled Caste, passed his 10+2 examination from Kendriya Vidyalaya, Sector 31, Chandigarh with 80% marks. He also cleared National Eligibility-cum-Entrance Test 2013 [for short "the NEET"]. His father is working as Senior Accountant in Accountant General (A&E), Department of Punjab. The petitioner applied for admission and in the merit list exhibited by the University on 5.8.2013, he was at Sr. No. 192. In order to fill up MBBS seats in the State of Punjab, overall counseling was conducted in Baba Farid University of Health Sciences, Faridkot. The petitioner appeared in the counseling and got the management seat in the SC category but later on he was told that since he was not fulfilling the eligibility condition as per Clause 14(a) of the Notification dated 5.6.2013 issued by the Government of Punjab, his seat has been allotted to some other candidate. Consequently, the present writ petition has been filed. In reply, filed by respondent No. 2/University, the reason for ignoring the petitioner is disclosed that after scrutinizing his documents, it was found that he had done his 10+1 and 10+2 examination from Kendriya Vidyalaya, Sector 31, Chandigarh, which is situated outside the State of Punjab and was not covered under any of the exemptions mentioned in Clause 14 of the Notification.

(2.) Learned counsel for the petitioner has submitted that the petitioner has passed his 10+1 and 10+2 examination from Chandigarh, which is being the Union Territory and also the Capital of the State of Punjab has to be treated as part of the State of Punjab and the admission cannot be denied on the ground that he has passed his 10+2 examination from outside the State of Punjab. In this regard, he has relied upon a decision of the Supreme Court in the case of "Raminder Singh Nagra v. Jagjit Singh Puri and others, 2010 2 SCT 554and decision of a Division Bench of this Court rendered in CWP No. 24747 of 2012 titled as "Harleen Cheema v. State of Punjab and others decided on 27.8.2013.

(3.) I have heard learned counsel for the parties and perused the record,