SAMARVEER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has preferred the instant writ petition in the nature of certiorari, seeking quashing of letter/order dtd. 11/12/2024 (Annexure P-13), whereby respondent No.4 has cancelled the admission of the petitioner in respondent No.3-College for the Session 2024 onwards. Additionally; the petitioner seeks the issuance of an appropriate writ, order or direction, including a writ in the nature of mandamus; directing respondent Nos.3 and 4 to permit the petitioner to attend classes/lectures of the MBBS course and to refrain from taking any punitive action against the petitioner on account of any shortage in attendance.

(2.) Shorn of the non-essential details; the facts of the case which need recital are that the petitioner (herein) had appeared in the National Eligibility-cum-Entrance Test (UG)-2024, and secured 456 out of a total of 720 marks. The petitioner applied for the admission under the 50% State Quota in the Freedom Fighters category. The Baba Farid University of Health Sciences (hereinafter to be referred as BFUHS')-respondent No.2 (herein), was designated by the State of Punjab, as the authority for conducting counselling and carrying out admission of the medical students, across the State of Punjab, to facilitate the process. The petitioner, duly applied for admission under the State Quota, through online portal of BFUHS, paid the requisite fee and participated in the online counselling process.

(3.) Learned senior counsel for the petitioner has iterated that the documents of the petitioner, including the certificate endorsing certifying him as the grandson of a freedom fighter, were duly uploaded on the online portal during the counselling process. It has been further argued that the respondent No.2 verified the documents and allotted respondent No.3-College to the petitioner and issued him a provisional admission slip. Furthermore, after additional verification by the Committee constituted by respondent No.3-College, the petitioner was issued a final admission certificate. According to the learned senior counsel; despite clear directions from the respondent No.2 to allow the petitioner to join the College, the respondent No.4 arbitrarily cancelled his admission, without any authority. Learned senior counsel has further submitted that the impugned order dtd. 11/12/2024 (Annexure P-13) has wrongly cancelled the admission of the petitioner, ignoring the fact that a final admission certificate had already been issued to him, after following the due process. Learned senior counsel has asserted that once the final admission is granted, respondent No.4 has no authority to take any action against the petitioner. It has been submitted by the learned senior counsel that the reliance placed on the letter dtd. 14/9/1995 by respondent No.4 is erroneous as these instructions are prospective in nature and do not apply to the petitioner, whose father was certified as the son of a freedom fighter, in the year 1991. Moreover, the notification dtd. 10/3/2023 confirms that all the children and grandchildren of the freedom fighters are eligible for 1% reservation. The administrative instructions cannot override a statutory notification and any distinction made between an adopted and a biological child is arbitrary and illegal. According to the learned senior counsel; the status of the petitioner as the grandson of a Freedom Fighter was certified by the Deputy Commissioner, Faridkot vide certificate dtd. 25/3/2022 and hence, the respondent No.4 is neither competent nor authorized to question this certificate. The cancellation of the admission of the petitioner by respondent No.4 is, thus, arbitrary and illegal. Learned senior counsel has contended that the respondent No.2, designated by the State of Punjab, to oversee the counselling and admissions, repeatedly directed the respondent Nos.3 and 4 to allow the petitioner to join and attend the classes/lectures. Despite these directions, the respondent No.4 has cancelled the admission of the petitioner, acting beyond its authority and contrary to the binding instructions. The arbitrary cancellation of the admission of the petitioner has caused irreparable harm, especially when the NEET-2024 counselling period has expired.