AMANDEEP SINGH SAHOTA Vs. MRS. GURBINDER CHAHAL

JUDGEMENT

(1.) In Civil Writ Petition No. 12079 of 1992 preferred by Amardeep Singh Sihota, petitioner, vide order (copy Annexure P-1) on Nov. 27, 1992, this Bench had directed the respondents to give provisional admission to the petitioner at Medical College, Patiala, at his own risk and responsibility, subject to the final decision of the writ petition.

(2.) Thereafter, on notice, the respondents moved an application for modification/vacation of ad-interim order granting provisional admission. This Bench vide order (Copy Annexure A-1) dated Dec. 18, 1992, referred the controversy in the main writ petition to the appropriate Bench in view of the sensitive issue of admission to M.B.B.S./B.D.S. courses from sports category. The above referred application of the respondents for modifying the ad-interim direction regarding provisional admission granted to Amardeep Singh Sihota was also referred to the Full Bench for considering the desirability of modifying or vacating the ad-interim order.

(3.) The Full Bench vide its order (Annexure A-12) dated May 19, 1993, upheld the right of the State Government to formulate the policy regarding the admission to MBBS/B.D.S. Courses in sports category subject to the rider that selected candidates should at least get 35% marks in the pre-entrance test. The Full Bench, however, kept intact the provisional admission of those students who had got provisional admission under the orders of this Court, in view of the fluid legal situation qua the principles of admission as different Benches had taken different views and that the candidates should not suffer in their studies and allowed them to continue as regular students.