NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was a candidate for admission at the Multipurpose Health Workers (Male) Training Centre, Nabha. When he was not admitted in spite of the availability of a seat, he approached this Court through the present writ petition with a prayer that a writ in the nature of mandamus be issued directing the respondents to admit him to the Course. The Motion Bench vide its order dated January 12, 1994 directed the respondents "to give admission to the petitioner at his own risk and responsibility and subject to further orders/directions of this Court". The petitioner was admitted. He has completed the course of studies and even taken the final examination. However, on account of the pendency of the writ petition, his result has not been declared.

(2.) Counsel for the parties have been heard. It is not denied that the petitioner was at No. 1 in the waiting list when he approached this Court. It is also admitted that 3 candidates whose names had been included in the merit list for the category of backward classes to which the petitioner also belongs, had failed to furnish the requisite certificates so as to be considered as eligible for admission. In this situation, all the 3 seats were vacant. The petitioner had a right to be considered for admission. He was wrongly excluded. Still further, he has already completed the course of studies and even taken the final examination. In this situation, no useful purpose would be served if the petitioner is not allowed to reap the benefits of his effort. This is all the more so in view of the fact that there was no other person who may be higher than him in order of merit.

(3.) In view of the above, the writ petition is allowed and the respondents are directed to declare the petitioner's result within one week from the date of receipt of a copy of this order. In case of the petitioner is declared to have passed the examination, he will be awarded the requisite certificate etc. Otherwise, he will be given a chance to take the examination in accordance with the rules governing the matter.