AKANSHA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) All the three writ petitions are as regards claims for admissions to MBBS Courses. CWP No. 13340 of 2014 is at the instance of an aspirant to MBBS Course, challenging the notification issued on 07.03.2014 stipulating a minimum eligibility criterion to be a pass in 50% in All India Pre-Medical Test (AIPMT) for admission to MBBS and BDS Course. The petitioner would seek for redetermination of eligibility without requiring a pass in the test and seeking for restoration of the status-quo ante that allowed for NRI candidate to seek admission on securing the equivalence certificate for CBSE pass. CWP No. 13299 of 2014 contains similar prayer and under the similar category. CWP No. 14473 of 2014 is at the instance of a candidate, who seeks for admission as ward of terrorist affected family, would seek for a reduction of the eligibility criteria to fill up the admitted vacancies that existed on the results not throwing up enough candidates in the said category to fill up the seats reserved for the said category by lowering the cut of marks for admission.

(2.) The counsel appearing on behalf of the NRI candidates have common ground to canvass that they belong to s separate class of persons who pay in foreign exchange a higher fee and who could have gone to any other foreign country but they were seeking for admission in the country of their origin. Earlier, the University and the Government had only prescribed a certificate of equivalence to the Indian run Boards like CBSE or State Boards in the +2 examinations and they were not required to take any common entrance examination. Citing the past practice, the petitioners would contend that the specification in the prospectus requiring that their admission would be regulated on marks obtained in AIPMT and that it was also necessary to obtain minimum marks of 50% in AIPMT 2014, were contrary to MCI Regulations. The petitioners contend that MCI itself had detailed three different modes and one of the modes of eligibility is on the basis of relative merit in the marks secured in +2 examination. The petitioner would contend that MCI which is an institution that lays down standard of excellence, has allowed for differntial modes of admission for NRI candidates in several other States and it was only in the State of Punjab that it has side-stepped to allow the State to lay down its own norms, which were needlessly extracting and cast a burden of seeking for compliance of requirement of what would be only appropriate for students studying in India. The learned counsel would argue that students who studied in foreign schools have different approaches to education and it would be impossible to set the same standard at the time of entry. The counsel would passionately urge that the candidates are not without merit and they have rather done well even in the entrance test securing 45% and more. There is a typical situation in Punjab where there were not enough candidates who had passed the minimum eligibility criterion laid down for filling up the seats and the University has approached the Government of Punjab to the Union for relaxation of the eligibility criterion and it is believed that there is an active consideration for reduction of the cut-off marks. Even if the complete abrogation of the requirement of pass in AIPMT were to be found as unviable, a selective reduction of marks by 5% to the NRI category would be most justified.

(3.) The petitioner appearing in CWP No.14473 of 2014 would likewise pray for a reduction of the minimum cut-off marks from 50 to 45 since the quota of 9 seats for wards of terrorist affected persons have not been filled up and if there is not anyone candidate securing the prescribed cut-off marks, it would only appropriate to provide for a reduction of the marks for them as well.