KIRANJOT Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner has prayed for a writ in the nature of mandamus, directing the respondents to migrate her from Adesh Medical College, Bathinda to Government Medical College, Faridkot against Backward Class Government quota seat as the person lower in merit than the petitioner has got admission against the government quota seat and while converting her admission into the government quota seat, the excess fee received from the petitioner be refunded to her.

(2.) IN brief, the petitioner passed her 10+2 examination from Shah Satnam Ji Girls Sr. Sec. School, Sirsa, Haryana. She appeared in the National Eligibility -cum -Entrance Test -2013, conducted by the Central Board of Secondary Education (CBSE) on 05.05.2013 in which she scored 97.6235 percentile, her Punjab State Rank was 673 and her merit in the Backward Class Category was 19. She applied for admission in the MBBS and BDS courses under General Category and in the Backward Class category. She was held ineligible in the counselling held for admission in the MBBS course on 02.08.2013 to 05.08.2013 as she was not fulfilling the eligibility criteria mentioned in Clause 14 of the Punjab Government notification dated 05.06.2013 which was also made part of the prospectus, issued by the respondent -University for admission to the MBBS course for the session 2013. Clause 14 of the prospectus provided that a candidate would be eligible for admission if he qualifies his/her 10+2 examination or other qualifying examination in place of 10+2, from a recognized institution situated in the State of Punjab.

(3.) THE petitioner filed another CWP No. 1146 of 2014 in which her representation was ordered to be decided within a period of 2 months. In her representation, the petitioner had requested for migration from Adesh Medical College, Bathinda to the Government Medical College, Amritsar, which was disposed of on 11.03.2014 by a detailed order. The relevant part of the order dated 11.03.2014 is reproduced as under: - -