(1.) Dr. Hardeep Kaur, the respondent, who belongs to the category of Scheduled Castes, was a candidate for admission to the M.D. Course in Obstretics and Gynaecology. She was not admitted. Aggrieved by this action, she approached this Court through Civil Writ Petition No. 12525 of 1992. The learned Single Judge following the decision in an earlier case, viz., C.W.P. No. 11052 of 1992 (Avtar Singh v. The State of Punjab and others,1993 2 SCT 628) decided on December 11, 1992, allowed the writ petition. Aggrieved by the decisions in both the cases, the State of Punjab has come up in these two Letters Patent Appeals Nos 462 and 359 of 1993. Learned counsel for the parties are agreed that these can be disposed of by one order. The facts as appearing in L.P.A. No. 462 of 1993 may be briefly noticed.
(2.) On January 24, 1992 the State Government issued a notification ordering that selection of students for admission to 'Three Years Post-Graduate Degree Course' at the Government Medical Colleges, Patiala and Amritsar shall be made by holding an entrance test. It was further provided that "25% of the total seats will be filled on All India basis through Competitive Entrance Test. Of the remaining seats, 60 per cent will be filled from amongst the eligible P.C.M.S. in service Doctors while 40 per cent will be filled from fresh graduates who are not in service through Post-Graduate Entrance Test." The conditions of eligibility were prescribed. It was further provided that 25% seats in each course shall be filled up from amongst the members of Scheduled Castes/Scheduled Tribes. The respondent, who was eligible, claims that she appeared in the entrance test and was placed at No. 11 in the merit list of the persons belonging to the reserved categories. On her qualifying the examination, she was eligible to be admitted to the Post-Graduate Course in Obstetretics and Gynaecology. Having not been admitted, she approached this Court. The appellants controverted the claim made by the candidate.
(3.) The learned Single Judge after consideration of the matter found that "out of total twelve number of seats in this speciality, roster points, 1, 5 and 9 had to be reserved for SCheduled Castes/Scheduled Tribes category, and one of these three seats had to go to the fresh graduates while the other two in- service candidates as per relevant instructions of the State Government. Dr. Navdeep Singh and Dr. Beant Singh only in-service category and belonging to scheduled castes have been given admission but strangely enough roster '9' meant for fresh graduates from this reserved category has not been filled up." It was further observed that the department had not "alleged in the return that any candidate higher in merit to the petitioner in this reserved category had applied for admission on this speciality." In view of this position, the writ petition was allowed.