PRABHJOT WAHI Vs. GURU NANAK DEV UNIVERSITY AMRITSAR

JUDGEMENT

(1.) In the present day even a meritorious student does not get admission to the professional courses like medicines etc. primarily for the reason that the students with very high merit in the competitive examination, alone are allotted seats in order of merit. It will really be unfortunate if admissions to these courses are made by back door entry and in complete disregard to the rules and regulations framed by the University itself and contrary to the law laid down by the highest Court of the land. In such cases the Court will certainly be compelled to set aside the admissions and not to permit such students to continue their studies in the respective courses. This case is one of the glaring examples of unfair admission and unjust protection to a student who could not have been permitted to pursue the course. Having obtained admission by unfair means, the petitioner must take the consequences of cancellation of admission and discontinuation of her course as directed by the University.

(2.) The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India praying for the issuance of a writ of certiorari for quashing the notice dated 27-10-1994 and order dated 14-10-1994 on the facts which according to the petitioner are as follows :-

(3.) That the petitioner was admitted to first year of the 4-years graduation course in Dental Sciences after passing 10 + 2. These admissions were given in the Respondent College in furtherance to the admission notice published by the College in the Tribune on 9-8-1992 for inviting applications for Bachelor of Dental Surgery course hereinafter referred to as the B.D.S. The petitioner applied for admission in the reserved category meant for the Siromani Gurudwara Prabandhak Committee/Institute category as provided in the brochure. The petitioner states that she was granted admission in B.D.S. Course and the admission was duly forwarded by Respondent No. 2 to Respondent No. 1, the University. The petitioner appeared in the first year annual examination in May 1994 and her result was declared as successful on 13-7-1994 and she secured good marks. The petitioner's mother Smt. Joginder Kaur Vohra, retired as matron from the Government Service and was given re-employment after retirement on 1-9-1992 as matron in the S.G. Ramdas Hostel, Amritsar and was appointed as Warden to the Girls Hostel of Respondent No. 2 on 5-10-1992. A sum of Rs. one lakh was deposited by the petitioner on 23-9-1994 by depositing two Fixed Deposit Receipts of Rs. 50,000.00 each. On 20-9-1994 the petitioner deposited Rs. 65,000.00 towards tuition fee and also filed the reserved category certificate from Shiromani Gurudwara Prabhandhak Committee, Amritsar on 11-5-1994. The University after issuing notice to the petitioner passed an order dated 14-10-1994, which was forwarded to the petitioner vide letter Reference No. 3318/IDSR/94 dated 27-10-1994 and annexed to the writ petition as Annexure P/11.