ANTER PREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two petitions involve a challenge to the admission of the private respondents to M.S./M.D. Course on the basis of nomination made by the Government of Punjab. Identical questions of law are required to be determined in both the cases and, therefore, we are deciding them by a common order.

(2.) Civil Writ Petition No.3763 of 1994 was originally filed by Dr. Anter Preet Singh, Dr. Alok Ahuja and Dr. Sanjeev Duggal. During the pendency of the writ petition, Dr. Anter Preet Singh and Dr. Alok Ahuja have already been admitted to the Post Graduate courses and, therefore, grievance of only Dr. Sanjeev Duggal survives in Civil Writ Petition No.3763 of 1994. Government of Punjab issued notification dated 8.2.1993 for selection of students for admission to three years Post Graduate courses for 1993 in Government Medical/Dental Colleges, Patiala and Amritsar. This notification envisaged holding of a Post Graduate Entrance Test as per direction of the Supreme Court in Civil Miscellaneous Petition No .7657 of 1987. It was decided that the test will be conducted by Guru Nanak Dev University. 25 per cent of the total seats were earmarked to be filled through All India Competitive Entrance Test. Of the remaining seats, 60 per cent were earmarked for candidates belong to PCMS/PCDS in service doctors and 40 per cent seats were to be filled from amongst non-PCMS/PCDS Medical/Dental Graduates. Notification also contemplated determination of merit through the Post Graduate Entrance Test. Successful candidates were entitled to give choice of the subject and the final selection was to be made on the basis of merit- cum-choice. The notification further postulated preparation of a waiting list of 25 per cent of the available seats. Following reservations were indicated for various categories:-

(3.) A corrigendum to the Prospectus for Entrance Test was issued by Guru Nanak Dev University, Amritsar. As per this corrigendum, choice of the subject indicated by the successful candidates was not liable to be changed. However, a liberty was given to the candidates to remain on waiting list of a particular speciality after foregoing selection in any other speciality. All the three petitioners appeared in the Entrance Test held on 13.6.1993 and secured such marks which were sufficient for inclusion of their names in the eligibility test. They appeared in the interview on 2.8.1993. Dr. Sanjeev Duggal gave his choice in the speciality of Opthamology. His name was placed at Serial No.2 in the waiting list. We are not indicating the choice of two other petitioners because, as mentioned above, they have already got admission in the Post- Graduate Course. Out of 190 seats reserved for Punjab quota, 108 fell to the PCMS/PCDS candidates while 82 could be filled from amongst open category candidates. A sufficient number of in-service candidates did not quality the Entrance Test and, therefore, these seats came to be filled from amongst general candidates. Some seats in the All India quota (25%) were also not filled and, therefore, the Director General Health Services (Medical Examination Cell) surrendered the unfilled seats. A number of petitions were filed in the High Court by the candidates, who were more meritorious, but were denied admission. Civil Writ Petition No.10378 of 1993 (Dr. Deepak Kumar V/s. State of Punjab) and Civil Writ Petition No.10676 of 1993 (Dr. Rajeev Sharma V/s. State of Punjab) were allowed by this Court and directions were given for admission of the petitioners. Some of the candidates, who had been given admission did not join and, therefore, their seats remained vacant. Petitioner Sanjeev Duggal and others, who were in the waiting list, made representation for admission according to their merit and choice. In that representation (Annexure P-5), they gave details of the vacant seats. However, no action was taken by the respondents. This led to the filing of Civil Writ Petition No.14079 of 1993 (Sarbjit Singh V/s. State of Punjab). A Division Bench of this Court disposed of the said writ petition vide its order dated 12.11.1993 with a direction to the respoqdents to dispose of the representation, which was addressed to the Principal, Medical College, Amritsar. Notwithstanding the directions of the Court, the respondent-authority did not take any action. This led to the filing of Civil Original Contempt Petition No.1055 of 1994, in which A.P. Chowdhuri, J. gave a direction that the representation be decided within ten days by a reasoned order. Once again representation was made to the competent authority, including the Principal, Medical College, Amritsar. Despite this, the representation was not decided by the Principal. However, at the same time, the Government decided to fill the vacant seats by nomination. The details of the candidates, who were granted admission on the basis of nomination made by the Government, are as under:-