BABLI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was admitted to the Three year Course leading to the Degree of M.D. (Pathology) on August 2,1993, prays for the issue of a writ in the nature of mandamus directing the respondents to admit her in the speciality of Radio-diagnosis. A few facts may be noticed.

(2.) The petitioner passed the M.B.B.S. examination from Guru Gobind Singh Medical College, Paridkot in the year 1991. In 1993, the respondents issued an advertisement regarding admission to the Post Graduate medical Courses in the Government Medical Colleges in the State of Punjab. This admission was to be made on the basis of the result of a competitive entrance examination, the candidates had to submit their application forms for the entrance test by May 24, 1993. The test was scheduled to be held on June 13, 1993. The result was to be declared on June 21, 1993. Initially the interview was a scheduled to be held on July, 19, 1993. the candidates who qualified the written test were to indicate their preference of the College as also the choice of three subjects/specialities in which they wanted to be considered for admission.

(3.) The petitioner appeared in the test held on June 13, 1993. She avers that she was place at Sr. No. 66 in the entrance test. Finally after giving her credit for the academic qualifications etc. She was placed at Sr. No. 48 in the merit list. She avers that she had opted for admission in the Courses for M.D. (Radio- diagnosis), M.S. (General Surgery) and M.D. (Pathology) in order of preference. According to her, she was informed at the time of interview that a seat in M.D. (Pathology) only was available at Government Medical College, patiala. She consequently opted for this seat and was admitted to the Course. She has further averred that Dr. Daljit Singh, who was placed at No. 22 in the merit list and had been admitted to M.d. (Radio-diagnosis) vacated the seat. The petitioner made a representation for admission against this seat. A copy of this representation has been produced as Annexure P.3 Since the respondents did not take any action on this representation and the petitioner apprehended that the claim of a person lower in merit than her was likely to be considered, she approached this Court through the present writ petition. It has been inter-alia averred that the action of the respondents in not considering her claim from admission in the speciality of Radio diagnosis and in proceeding to offer the seat to a person lower in merit is discriminatory and violative of Art. 14 of the Constitution of India. This writ petition was admitted on November 23,1993 and was ordered to be listed for hearing within one month.