LAWS(P&H)-2015-9-121

JASPREET KAUR Vs. U.T. CHANDIGARH AND ORS.

Decided On September 29, 2015
JASPREET KAUR Appellant
V/S
U.T. Chandigarh And Ors. Respondents

JUDGEMENT

(1.) CHALLENGE in the present writ petition is for declaring condition A -3, regarding the eligibility criteria and the admission procedure for the 77 U.T. Chandigarh Pool seats in the MBBS course of respondent No. 4, for the session 2015 as ultra vires. Further challenge has been raised to the office orders dated 25.06.2003 (Annexure P12) and 16.03.2010 (Annexure P13) wherein decision was taken that the students who passed the qualifying examination of 12th standard from U.T., Chandigarh, would be eligible for the 85% quota of the U.T. Pool seats. Resultantly, the requirement of sitting for 2 years was removed and only the requirement was for +2. Relevant clause reads as under:

(2.) ONLY those candidates whose names appear in the AIPMT -2015 state level rank list of successful candidates for the State of Chandigarh, prepared by CBSE, will be eligible for admission against UT Chandigarh Pool seats.

(3.) THE defence of the Administration is that in view of the Division Bench judgment of this Court in CWP No. 20636 of 2013 titled Abheyjit Singh & another Vs. Chandigarh Administration, Chandigarh & others, decided on 18.09.2013, the condition that the students who had done their 12th standard from the recognized school, was upheld. The petitioner having not passed her 12th standard from Chandigarh, was not entitled for admission.